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Chap.; Copyright No. 

Shell. IK .^ t ^ 5 
l?3s 

UNITED STATES OF AMERICA, 



MAR 29 1898 
HISTORY 

AND 

Government of Washington, 

To WHICH ARE Appended 

The Constitution of the State of Washington 

AND 

Constitution of the United States 

and 

Lists of Territorial and State Officers 

J. M. JAYLOR, M. S. 

Professor of Mathematics and Astronomy in the University of Wash- 

ington from 1885 to 1897; sometime professor of pedagogy in the 

University of Washington ; Secretary of the State Board 

OF Education from 1893 to 1897. 



K 



*' Take the wings 
Of Morning — and the Barcan desert pierce, 
Or lose thyself in the continuous woods, 
Where rolls the Oregon, and hears no sound, 
Save his own dashings—yet — the dead are there.^' 

— BRYANT.2nd COPY, 

~ , .. 1898. 

ST. LOUIS, MO.: -fX^^*"^ 

Becktold Printing and Book Mfg. Co. 

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4418 



Copyright 1898, 

BY 

W. B. BECKTOLD 



^ 




Dedicated 

TO 

ARTHUR A. DENNY, 

The Pioneer, 

as a token of esteem 

by the author. 



PREFACE. 



The study of local history and civil government 
is an essential part of the training of the. young peo- 
ple of our country. 

The design of the present work is to furnish for 
the youths of the state of Washington a reliable text 
book on the history and government of our common- 
wealth. 

Pains have been taken to verify every historical 
event presented. The task was a difficult one, 
and doubtless errors still exist in the book. Any 
corrections pointed out by readers will be thankfully 
received by the author. 

The plan and execution of the book are believed 
to conform to the true principles of pedagogy. 

J. M. Taylor. 



PART I. 
HISTORY OF WASHINGTON. 

CHAPTER I. 
DISCOVERY AND EXPLORATION. 

1. Early Voyages. The history of the state of 
Washington begins with the early voyages of Euro- 
pean navigators to the northwest coast of the Pacific. 
The Spanish, the Russians, the EngHsh and the 
French all sent vessels to this coast; some to search 
for a northwest passage connecting the Atlantic with 
the Pacific, some to engage in the fur trade with the 
Indians. 

2. The Strait of Anian. It was long believed that 
Caspar Cortereal, a Portuguese navigator, who ex- 
plored the coasts of Labrador in 1499 and 1500 had 
actually sailed through a channel, named by him the 
Strait of Anian, westward from the Atlantic, nearly 
on the line of the 58th parallel of latitude, into 
another great sea, tributary to the Indian ocean. The 
belief in the existence of such a northwest passage to 
India caused many voyages to be made to the coasts 
of North America both on the Atlantic and the Pacific 
during the sixteenth and seventeenth centuries. 



8 HISTORY AND GOVERNMENT OF WASHINGTON. 

3. The Northwest Passage Eagerly Sought. All 
the great maritime nations of Europe were anxious to 
discover the northwest passage. Jacques Cartier from 
1534 to 1 541 made three voyages to the North 
AtUintIc under the French flag to find it. The Eng- 
lish in 1576 sent Martin Frobisher to the North 
Atlantic coast to find it. One of the injunctions 
given to the Hudson's Bay Company in 1669 was to 
prosecute the search for a northwest passage for ships 
from the Atlantic to the Pacific. In 1745 the Brit- 
ish government offered a reward of twenty thousand 
pounds for the discovery of a northwest passage 
"through Hudson's Bay, by ships belonging to his 
majesty's subjects." 

Nearly all the early voyages of the Spanish, Rus- 
sian, and English navigators to the northwest Pacific 
coast were made to find this supposed interoceanic 
communication. 

4. Voyages of Cabrillo and Ferrelo. In 1 542 
Cabrillo, a Spanish navigator, with two small vessels 
sailed northward along the coast of California to 
search for the Strait of Anian. He discovered a 
small harbor which he named Port Possession, situated 
in the island of San Bernardino, near the main land 
in latitude 34 degrees north. This was the first land 
taken possession of by the Spanish on the Pacific 
coast. Here Cabrillo died, and the pilot, Bartolome 
Ferrelo, was left in command. Fully as zealous and 
determined as his predecessor, Ferrelo resolved, if 
possible, to accomplish the objects of the expedition 



DISCOVERY AND EXPLORATION. 9 

and sailed northward. On the 26th of February, 1 543, 
he discovered a promontory situated in latitude 41 which 
he named Cabo de Fortunas (Cape of Perils, or 
Stormy Cape), now called Mendocino. On March 
the first, he reached the latitude of 44 degrees. 
Without doubt Ferrelo was the first civilized man to 
see the coast of Oregon, but he did not chart its 
coast nor make a landing upon it. 

5. The Spanish Galleons. The Spanish nation held 
full sway on the Pacific for a long time after the 
voyages of Cabrillo and Ferrelo. Her large ships 
called galleons sailed back and forth across the Pacific 
richly laden with precious metals and European 
merchandise in return for which they brought back 
silks, spices, porcelain and other oriental products for 
trade with America or for transportation to Europe. 
These galleons proceeding from Mexico to India were 
wafted by the trade winds directly across the ocean, 
the voyage taking about three months, the return 
occupying about twice the time. They always made 
the west coast of California, in consequence of which 
the lower Pacific coast was well knov/n before the end 
of the sixteenth century. Their route did not carry 
them as far north as the limits of the present state 
of Washington and of this country they knew noth- 
ing, but their presence on the Pacific led the navi- 
gators of other nations here as we shall see. 

6. Voyage of Drake. The time was fast approach- 
ing when the flag of the Spanish merchantmen was 
to disappear from the Pacific. Both England and 



10 HISTORY AND GOVERNMENT OF WASHINGTON. 

France were watching this profitable Spanish trade 
with jealous eyes. They commissioned privateers to 
prey upon the commerce of Spain. The most noted 
of these was Sir Francis Drake. He was nothing but 
a freebooter and Queen Elizabeth knew it, but favored 
his enterprise through her hatred for Spain. Drake 
entered the Pacific through the Strait of Magellan in 
September, 1578, with one small vessel and sixty men. 
He proceeded northward, plundering the Spanish set- 
tlements and ships on the west coast. Having loaded 
his vessel with spoils he determined to return to 
England by sailing northward to search for the Strait 
of Anian through which to pass to the Atlantic and 
thus avoid the Spanish. It is alleged that Drake 
advanced northward beyond the 42 d degree and then 
turned southward, coasting along the shore to a bay 
in 38 degrees north latitude, supposed to have been 
San Francisco bay. Here he remained five weeks, 
repairing his vessel. He went ashore and took pos- 
session of the country in the name of his sovereign 
and named it New Albion. There is no evidence 
that Drake discovered any land north of the 38th 
parallel and the discoveries which he did make had 
long been anticipated by the Spanish. 

7. Voyage of Juan de Fuca. It is related by 
Michael Lock, an Englishman, that an old man 
named Juan de Fuca, a Greek by birth, by profession 
a mariner and an ancient pilot of ships, declared that 
in 1592 he was sent with a small caraval to discover 
the Strait of Anian and that he followed a northwest 
course along the coasts of Mexico and California 



DISCOVERY AND EXPLORATION. II 

until he came to the latitude of 47 degrees, and there 
found the land trended north and northeast, with a 
broad inlet of the sea between the 47th and 48th 
degrees of latitude. He claimed to have spent more 
than twenty days in exploring this inlet and then 
returned to Acapulco, whence he came. Many his- 
torians are disposed to discredit the story of the old 
Greek pilot, but whether true or false, the name of 
Juan de Fuca is forever fixed as the name of the 
strait which connects the waters of Puget Sound with 
the Pacific. 

8. Voyages of Sebastian Viscaino. Viscaino, a dis- 
tinguished Spanish officer, made two voyages along 
the northwest coast in 1602 and 1603 by order of 
Philip III to search for the Strait of Anian. He left 
Acapulco with three vessels and sailed northward 
along the coast to latitude 43 degrees, near which he 
discovered a rapid river, on the banks of which grew 
ash trees, willows, brambles and other trees of Castile. 
Viscaino endeavored to enter this river, but could not 
because of the force of the current, and returned to 
Acapulco. The stream which he discovered is be- 
lieved to be the Umpqua, a river of Southern Oregon. 
Thus discoveries were being made, but the phantom 
of the Strait of Anian was still beyond the reach of 
the navigator. 

9. The Period From 1608 to 1768. For more than 
a hundred and sixty years after the voyages of Vis- 
caino, no attempt was made by the Spanish to extend 
their discoveries in the northwest part of America. 



12 HISTORY AND GOVERNMENT OF WASHINGTON. 

This country during this period remained almost 
unknown to the civilized world. It was the terra 



10. The Voyage of Juan Perez. In 1774 ^"^ ^775 
two exploring voyages were made by order of the 
Spanish government, in which the northwest coast of 
America was examined, as far north as the 58th 
degree of latitude. These voyages have a direct 
bearing on the early history of the state of Washing- 
ton. The first was made by Juan Perez accompanied 
by Estevan Martinez, as pilot. Perez sailed from San 
Bias northward to the 60th degree of latitude and 
then turned southward, surveying the coast as he 
went. The first land observed was in latitude 54 de- 
grees north at a point on the west side of the island 
afterwards named Queen Charlotte's Island by the 
British. Perez also discovered a deep bay in lat- 
itude 49 degrees 30 minutes north, at the entrance 
of which he anchored between two high promontories. 
He named it Port San Lorenzo, perhaps the same 
bay to which Captain Cook, four years later, gave 
the name King George's or Nootka Sound, situated on 
the southwest side of Vancouver Island. Proceeding 
southward along the coast, Perez saw in latitude 47 
degrees 47 minutes a lofty mountain covered with 
snow, which he named Sierra de Santa Rosalia — 
probably Mount Olympus. Martinez, the pilot, many 
years after, said that he had observed between the 48th 
and 49th parallels a wide opening of land, and the 
Spanish on the strength of this statement have claimed 



DISCOVERY AND EXPLORATION. 1 3 

for Martinez the merit of rediscovering the strait of 
Juan de Fuca. 

1 1 . The Voyages of Heceta and Bodega. After the 
return of Perez to Mexico, the viceroy ordered a 
second expedition to be made to examine the north- 
west coast as far north as the 65th degree of latitude. 
Accordingly Captain Bruno Heceta and Lieutenant 
Juan de Bodega with two vessels sailed from San 
Bias northward. They sighted land in latitude 48 
degrees 27 minutes north and proceeded to examine 
the shore southward in search of the strait of Juan 
de Fuca, which was placed on their chart between 
the 47th and the 48th degrees of latitude. Of course 
they did not find the strait and having satisfied 
themselves that no such opening existed there, they 
cast anchor near the shore. Here seven of the crew 
having gone ashore for water were killed by the na- 
tives. The site at which this occurred was named by 
Heceta Pimta de Martires — Martyr's Point. It is 
now called Point Grenville, in latitude 47 degrees 20 
minutes on the west coast of Washington. Just north 
of this point Heceta discovered an island which for 
the same reason he named Isla de Dolores — Isle of 
Sorrows — now called Destruction Island. Afterward 
Heceta proceeded southward along the shore and in 
latitude 46 degrees 17 minutes he observed a strong 
current flowing from an opening in the shore against 
which he could not enter. Undoubtedly it was the 
mouth of the mighty Oregon, the great river of the 
west, but Heceta know it not and so sailed away and 



14 HISTORY AND GOVERNMENT OE WASHINGTON. 

lost the glory of being its discoverer. That the cur- 
rent of the Columbia was first seen by Heceta on the 
15th of August, 1775, is unquestionable. 

12. Origin of the Name Oregon. The name Ore- 
gon applied to the great river of the west seems to 
have been first used by Jonathan Carver in his book 
of travels published in London in 1778. William 
Cullen Bryant may have found the name which he 
uses in his beautiful poem Thanatopsis in Carver's 
narrative. 

13. Captain Cook's Voyage to the North Pacific. 
Captain James Cook sailed from Plymouth, England, 
on the I2th of July, 1776, with two ships, bound for 
the northwest coast of America, in sight of which he 
arrived on the 7th of March, 1778, near the 44th de- 
gree of latitude. Cook examined the coast northward 
and discovered a cape a little north of the 48th 
parallel, which he named Cape Flattery, the northwest 
point of the state of Washington, sometimes called 
Cape Classet. 

14. The Fur Trade in the North"west. During 
Cook's voyage Great Britain was at war with the 
United States, France, and Spain and the British 
government withheld all information in regard to the 
voyage until the close of the war. The war having 
ended, the regular journals of the expedition were 
published at London in 1785. These journals gave 
an account of the abundance of fine fur to be obtained 
in Northwest America and the high prices paid for 
fur in China. Soon the fur trade became very profit- 



DISCOVERY AND EXPLORATION. 1 5 

able and the merchantmen of all the commercial 
nations began to compete with one another in the 
fur trade between Northwest America and China. 
One of the chief competitors after the war was the 
new nation bearing the ensign of Stars and Stripes. 
But the Russians were the first to avail themselves 
of Cook's discoveries, for as early as 1783 they had 
established several colonies in Russian America, now 
Alaska, and were ready to engage in the fur trade. 
The fur trade caused many voyages to the northwest 
Pacific coasts. An account of several of these is val- 
uable to this history, as it embraces the claims and 
rights of several nations to the territory now comprised 
by the state of Washington. 

15. Voyage of La Perouse. The government of 
France sent their great navigator La Perouse to the 
North Pacific in 1785 with special instructions to 
"explore the parts of the northwest coasts of Amer- 
ica which had not been examined by Cook, and of 
which the Russian accounts gave no idea, in order to 
obtain information respecting the fur trade, and also to 
learn whether, in those unknown parts, some river or 
internal sea might not be found communicating with 
Hudson's Bay or Bafftn's Bay." La Perouse first 
saw the coast in June, 1786, near the foot of Mount 
Fairweather, and then turned southward examining 
the coast between the 54th and the 5 2d parallels on 
the west side of Queen Charlotte's Island, which La 
Perouse suspected to be insular, although he did not 
establish the fact. The Journal of La Perouse's 



10 HISTORY AND GOVERNMENT OF WASHINGTON. 

voyage was not published until 1797 and in the 
meantime all his discoveries had become well known 
to other navigators. 

16. Voyag-es of Portlock and Dixon. After Cook's 
voyage the next discoveries on the northwest coast 
of America were made by Captains Portlock and 
Dixon in 1786-7. They left England together in com- 
mand of the ships King George and Queen Charlotte, 
passed around Cape Horn and reached Cook's river 
in July, 1786. Then went to Nootka Sound, thence 
to the Sandwich Islands and returned to Prince Wil- 
liam's Sound in the spring of 1787. Here Dixon 
left Portlock and sailed along the coast to the inlet 
on the south side of Mount San Jacinto, or Edgecumb, 
which Dixon named Norfolk Sound. Dixon also 
claimed the discovery of the land between the 54th 
and 5 2d degrees of latitude, on the ground that it 
had not been seen by Cook, although it was spe- 
cially marked on Cook's chart as discovered by 
the Spanish in 1775. Dixon said that he was told 
by the natives that the land was an island and named 
it Queen Charlotte's Island; the passage immediately 
north of it he called Dixon's Entrance. 

17. Voyages of Duncan and Oolnett. In 1787 
Captain Duncan, in the ship Princess Royal, and Cap- 
tain Colnett, commander of the ship Prince of Wales, 
were sent by King George's Sound Company to 
engage in the fur trade in the North Pacific. 
Duncan in 1788 explored the sea between Queen 
Charlotte's Island and the main land and thus proved 



DISCOVERY AND EXPLORATION. 1/ 

what Dixon had assumed and what La Perouse had 
guessed. This exploration of Duncan's led to the 
belief that the whole northwest part of America con- 
sisted of islands. Thus little by little the truth was 
unfolding. 

18. Re-Discovery of the Strait of Fuca. The coast 
of Washington was not visited by the people of any 
civilized nation from the time of Cook's voyage until 
1787. In this year Captain Berkeley, an Englishman, 
commanding a ship named the Imperial Eagle sailing 
under the flag of the Austrian East India Company, 
discovered the Strait of Fuca situated immediately 
north of Cape Flattery, opening into the ocean 
between the 48th and the 49th parallels, instead of 
between the 47th and 48th, as stated in Juan de 
Fuca's account. This statement had misled all the 
other navigators until this time and caused them to 
doubt Fuca's story. Berkeley did not attempt to 
explore the passage, but sailing along the coast south 
of Cape Flattery, he sent a boat ashore, the crew of 
which were killed by the natives, almost at the same 
place where the Spaniards of Bodega's crew were 
massacred in 1775. The island near, which Bodega 
had named Isla de Dolores, Berkeley, for a like rea- 
son, called Destruction Island. It is the only island 
off the west coast of Washington and is situated 
almost due west of the city of Seattle. 

19. Voyage of Meares. In November, 1787, Berke- 
ley communicated the re-discovery of the Strait of 
Fuca to John Meares, who had been a lieutenant in 



1 8 HISTORY AND GOVERNMENT OF WASHINGTON. 

the British navy and who at the time was at Macao 
preparing for a trading voyage to the northwest coasts 
of America. Meares sailed from Macao on the first 
of January, 1788, with two ships under the Portu- 
guese flag. Besides himself there was but one other 
English subject on board of the ships, William 
Douglas, acting as super-cargo. The circumstances 
connected with this voyage led to the first dispute 
and the first treaty between civilized nations relative 
to this part of the world. 

20. Meares' Nootka Purchase. Meares sailed di- 
rectly to Nootka Sound, where he had been in a 
previous voyage. Here he claimed that he had 
purchased a tract of land from Chief Maquinna, native 
ruler of the country, and erected a house thereon 
over which he hoisted British colors. A strange pro- 
cedure for a navigator sailing under the Portuguese 
flag! From Meares' own statement it is clear that 
Maquinna made this grant of land for a small consid- 
eration — "a pair of pistols " — and "only for temporary 
purposes." 

Leaving a part of his crew at Nootka engaged in 
building a small vessel, Meares, sailed to the entrance 
of the passage supposed to be the Strait of Juan dc 
Fuca, which he reached by following the directions 
given by Berkeley. He called it by the name of its 
original discoverer, Juan de P'uca, a name it has borne 
ever since. 

21. Meares Attempts to Find River San Roque. 
From the Strait of Fuca Meares sailed along the 



DISCOVERY AND EXPLORATION. IQ 

shore southward in search of the river which the 
Spaniard, Heceta, had charted near the 46th degree 
of latitude and named Rio de San Rogue, as related 
in the account of Heceta's voyage. Having examined 
this latitude, without observing the current of the 
river, Meares named the promontory which forms the 
southwest point of Washington Cape Disappointment, 
and the indentation in the shore Deception Bay — 
very appropriale names for the occasion — and made 
the following entry in his Journal: "We can now 
with safety assert that there is no such river as that 
of St. Roc exists, as laid down in the Spanish 
charts." This statement is somewhat ungrammatical, 
yet clear and explicit. In 1826 the commissioners 
appointed by the British government to treat with the 
plenipotentiary of the United States at London, on 
the claims of the two governments to territories in 
the northwest, insisted that Meares on this occasion 
discovered the Columbia River ! 

22. First Vessel Built on the Coast. Meares re- 
turned to Nootka and launched the small vessel, which 
some of his men had built during his absence, under 
the name of the Northwest America, the first vessel 
ever built on the North Pacific Coast. It is not 
known whether Meares placed her under British or 
Portuguese colors. 

23. Voyages of the Columbia and "Washington. 
When the United States had secured her independ- 
ence, her citizens resumed the whale and seal fishery, 
which they had carried on before the revolution, and 



20 HISTORY AND GOVERNMENT OF WASHINGTON. 

also engaged in trade with India and China. In 
order to combine the fur trade of the North Pacific 
with the China trade a company of merchants at 
Boston, in the summer of 1787, fitted out two vessels, 
the ship Columbia and the sloop Washington. John 
Kendrick commanded the expedition and was master 
of the Columbia. Joseph Ingraham was mate of the 
Columbia. Captain Robert Gray was master of the 
Washington. The cargo of the vessels consisted of 
articles for trade with the Indians, blankets, knives, 
etc. They also carried with them a number of small 
copper coins, then recently issued by the state of 
Massachusetts. Alexander Mackenzie relates that in 
July, 1793, he found one of these coins bearing the 
inscription "half-penny of the state of Massachusetts 
Bay, coined in 1787," in possession of an Indian 
native of the country east of the Strait of Fuca. 
Copper medals were struck to commemorate the ex- 
pedition. The following cut represents both sides of 
one of these medals. 




DISCOVERY AND EXPLORATION. 21 

The two vessels sailed from Boston on the 30th of 
September, 1787, and were separated in a storm near 
Cape Horn. The appointed place of rendezvous was 
Nootka Sound, where the Washington arrived on the 
17th of September and the Columbia in October. 

While passing northward along the coast Captain 
Gray observed an opening near latitude 46 degrees, 
which he attempted to enter in August, 1788, but 
did not succeed at that time. Before relating the 
important discoveries and explorations connected with 
this important expedition, the order of sequence re- 
quires us to give an account of the first occupation 
of the country. 

24. The Spanish Occupy Nootka. On the 6th of 
May, 1789, Martinez arrived at Nootka Sound and 
took possession of the country in the name of the 
Spanish sovereign. He built a fort on a small island 
in the bay. During the year Martinez seized several 
vessels, among them the two under the command of 
Meares. Most of the vessels seized were British. 
The two American vessels he did not molest. This 
high-handed action of Martinez at Nootka led to a 
complicated controversy between Great Britain and 
Spain, the history of which belongs to another chapter. 

25. Gray's First Explorations. In June, 1789, 
Gray in the Washington explored the whole East 
coast of Queen Charlotte's Island, which had never 
before been visited by civilized people. Gray named 
it Washington Island. On a subsequent voyage from 
Nootka Gray entered the Strait of Juan de Fuca, 



22 HISTORY AND GOVERNMENT OF WASHINGTON. 

through which he sailed, as he told Vancouver, in 
1792, "fifty miles in an east-southeast direction, and 
found the passage five leagues wide." He then re- 
turned to the Pacific, where he met the Columbia on 
her way to China. The two captains exchanged ves- 
sels, Kendrick taking command of the Washington 
and remaining on the coast, while Gray took the 
Columbia to Canton, sold his furs and took a cargo 
of tea, with which he entered Boston harbor on the 
loth of August, 1790, having carried the Stars and 
Stripes for the first time round the world. 

26. Kendrick Sails Throug-h the Strait of Fuca. When 
Kendrick took command of the sloop Washington he 
entered the Strait of Juan de Fuca, through which he 
sailed, passing to the east of the island now called 
Vancouver, and entered the Pacific again on the 
north, thus proving Nootka Sound to be on an island. 
This was done in the autumn of 1789. Kendrick 
was the first civilized man to pass entirely through 
the Strait of Fuca. 

27. Spanish Explore the Strait of Fuca. In 1790 
Francisco Elisa, the Spanish Commandant at Nootka, 
sent Lieutenant Quimper to explore the Strait of Juan 
de Fuca. Quimper examined both shores of the 
strait to the distance of about a hundred miles from 
its mouth, where he noted that the strait had numer- 
ous small channels opening into it from the south, 
east and north, with islands between. Quimper did 
not penetrate any of these channels, but simply 
marked their entrances and assigned to them Spanish 



DISCOVERY AND EXPLORATION. 23 

names, some of which still cling to them, but the names 
afterward given by Vancouver have superseded most 
of them. Among these may be mentioned Canal de 
Caamano, now called Admiralty Inlet; the Boca de 
Flon, now Deception Pass; the Canal de Guemes, and 
Canal de Haro. 

28. Ingraham's Voyage in the Hope. The American 
Brig Hope was equipped at Boston for the North 
Pacific trade and placed under the command of Joseph 
Ingraham, the former mate of the Columbia. She 
sailed from Boston on the i6th of September, 1790, 
doubled Cape Horn, and April 19th, 1791, Ingraham 
discovered six islands previously unknown, situated in 
the middle of the Pacific Ocean, between the 8th and 
lOth parallels of latitude. Ingraham named these 
islands Washington, Adams, Franklin, Knox, Federal, 
and Lincoln, very appropriate names for islands first 
discovered by an American. These islands should 
belong to the state of Washington. Ingraham pro- 
ceeded to Queen Charlotte's or Washington's Island, 
where he arrived on the 29th of June and anchored 
in a harbor on the southeast side, which he named 
Magee's Sound. He spent the summer on the coast 
of this island and the adjacent continent, collecting 
valuable information" of the geography of the country. 

29. Second Voyage of the Columbia. The Colum- 
bia left Boston on her second voyage September 28th, 
1790, with Captain Gray in command, and arrived at 
Clyoquot, near the entrance of the Strait of Fuca, on 
June 5th, 1 79 1. Gray coasted along the shores of 



24 HISTORY AND GOVERNMENT OF WASHINGTON. 

Queen Charlotte's Island, trading and exploring until 
September. During this time he examined many in- 
lets and passages between the 54th and 56th parallels. 
He penetrated one of these channels, afterwards 
named by Vancouver Portland Canal, in latitude 54 
degrees 33 minutes, about one hundred miles. Gray 
was first to explore this part of the northwest coast, 
and gave the United States additional right to the 
celebrated line, " Fifty-four-Forty." 

30. Second Vessel Built on the Coast. After these 
explorations Gray returned to Clyoquot, where during 
the winter he built a block-house on the shore, which 
he named Fort Defiance. He also constructed and 
launched the second vessel ever built on the North 
Pacific coast, which he named the Adventure. 

31. Vancouver's Voyage to the North Pacific. The 
British government sent Captain George Vancouver to 
the northwest Pacific coast to treat with the Spanish 
at Nootka and to examine and survey the west coast 
of the American continent from the 35th to the 60th 
parallels of latitude. 

Vancouver reached the American coast near Cape 
Mendocino in April, 1792, and sailed northward to 
the Strait of Fuca, examining the shore as he went. 

He noticed that the water off the opening, named 
by Meares Deception Bay, had changed from its nat- 
ural to river-colored water, but passed on without 
discovering the river, and when he reached the Strait 
of Fuca he made an entry in his journal, stating that 



DISCOVERY AND EXPLORATION. 25 

"the whole coast formed one compact and nearly 
straight barrier against the sea." 

32. Vancouver Meets Gray. On the 29th of April, 
1792, Vancouver met Gray in the ship Columbia near 
the entrance to the Strait of Fuca, who informed him 
that he had just penetrated the strait to the distance 
of about fifty miles and returned to the ocean. Gray 
also informed Vancouver of his having been off the 
mouth of a river in latitude 46 degrees 10 minutes, 
where the outset was so strong as to prevent his 
entering it. The English captain gave little attention 
to Gray's account of the river. He was not willing 
to believe the Yankee captains more skillful in explo- 
ration than himself. The two captains parted company, 
Vancouver to do his important work of surveying Puget 
Sound, and Gray to complete his important discoveries, 
which gave the United States government the best 
right to the Valley of the Columbia. 

33. Discovery of Gray's Harbor. After the inter- 
view with Vancouver Gray sailed southward along the 
coast of the continent, and on the 7th of May, 1792, 
he "saw an entrance which had a very good appear- 
ance of a harbor," in latitude 46 degrees 58 minutes. 
Gray passed through this entrance and found himself 
in a bay "well sheltered from the sea by long sand- 
bars and spits," where he remained at anchor three 
days. Gray named this bay Bulfinch's Harbor, in 
honor of one of the owners of his ship, and it is so 
called on the old maps, but is now called Gray's 
Harbor in honor of its discoverer. 



36 HISTORY AND GOVERNMENT OF WASHINGTON. 

34. Discovery of the Columbia River. After leaving 
Gray's Harbor, at daybreak on the nth of May, 
1792, Gray observed "the entrance of his desired port, 
bearing east-south-east, distant six leagues," and run- 
ning into it, with all sails set, between breakers, he 
anchored at one o'clock "in a large river of 
FRESH WATER," ten miles above its mouth. Here 
he remained three days and then sailed up the river 
about fifteen miles along the northern shore, and again 
came to anchor. Here Gray remained about a week 
and then sailed out, and as he passed over the bar 
he named the river Columbia — after his ship — a name 
it is destined to always bear. The cape on the south 
side of the mouth of the Columbia he named Point 
Adams, and the one on the north side. Cape Hancock. 
Gray returned to Nootka and there informed Captain 
Ingraham and the Spanish commandant of the dis- 
covery of the harbor and the river, and gave them 
charts and descriptions of his discoveries. 

35. Observations on the Discovery of the Columbia. 
The following observations on the discovery of the 
Columbia should be noted : 

1 . The opening through which the Columbia 
discharges its waters was first seen by the Spanish 
navigator, Heceta, in August, 1775. 

2. Captain Meares examined this entrance in July, 
1788, and departed convinced that no river existed 
there. 

3. Vancouver asserted in 1792 that no opening, 
harbor, or place of refuge for vessels was to be found 
between Cape Mendocino and the Strait of Fuca 



DISCOVERY AND EXPLORATION. 2/ 

4. The Columbia River was actually discovered 
and entered by Robert Gray on the iith of May, 
1792. 

All the honor of the discovery of this, the greatest 
river on the Pacific coast, belongs to Gray, and the ser- 
vice which he rendered our country by his indomitable 
energy and courage cannot be overestimated. 

36, The Survey of Admiralty Inlet. On the ist 
of May, 1792, Vancouver entered the Strait of Juan 
de Fuca and sailed along the coast eastward about 
one hundred miles, where he entered a harbor which 
he named Port Discovery. A little to the east he 
found another opening to the south, which he named 
Admiralty Inlet. The Spanish had named it Canal 
de Caamano. Vancouver entered this inlet, which he 
penetrated southerly about a hundred miles. He 
found that it consisted of three principal arms or 
branches. He named the one on the west Hood's 
Canal, the one on the east Possession Sound, and the 
one on the south Puget Sound, a name now generally 
given to the entire inlet. Having completed the sur- 
vey of these arms, Vancouver landed on Possession 
Sound, near where the city of Everett now stands, and 
celebrated the birthday of the British sovereign — the 
4th of June — by taking possession in his name, and 
"with the usual formalities, of all that part of New 
Albion, from latitude 39 degrees 20 minutes south, 
and longitude 236 degrees 26 minutes east, to the 
entrance of the inlet of the sea and all the islands within 
the inlet and both its shores," etc., and named the 



28 HISTORY AND GOVERNMENT OF WASHINGTON. 

country New Georgia. This bombastic ceremony was 
about as potent as the parade of a drum major who 
marches at the head of a band, but produces no 
music. 

37. Geographical Names in Washington. Many of 
the geographical names in Washington were bestowed 
by the early settlers and chosen from the beautiful 
appellations used by the Indians, for their rivers, 
islands, bays, and mountains. The custom of retain- 
ing the musical native names is to be commended. 
But Vancouver was an enthusiastic geographical god- 
father, and delighted to name the territories, straits, 
bays, etc., in honor of the royal family, the ministry, 
the parliament, the army and the navy of Great 
Britain. Hence we find many geographical names 
bestowed by Vancouver still clinging to places in 
Washington, such as Admiralty Inlet, Puget Sound, 
Hood's Canal, Whidby Island, and Mount Ranier. 

38. Expedition of Le^wis and Clarke. In 1 803 the 
United States government, by advice of President Jef- 
ferson, commissioned Captain Meriwether Lewis and 
Captain William Clarke to explore the new territory 
of Louisiana, which had been just purchased from 
Napoleon by President Jefferson. Captain Lewis was 
commander of the expedition. The exploring party, 
consisting of about thirty men, passed up the Missouri 
River in the spring of 1805, passed over the divide 
into the valley of the Columbia and down that river 
to its mouth, where they arrived on the 15th of 
November, 1805. This was the first overland journey 



DISCOVERY AND EXPLORATION. 29 

ever made by civilized men in this part of the conti- 
nent. Lewis and Clarke remained near the mouth of 
the Columbia until the 23rd of March, 1806, when 
they began their return, arriving at St. Louis in safety 
on the 23rd of September, 1806, having traveled dur- 
ing the expedition more than nine thousand miles. 

This expedition was of great value to the United 
States government, giving it right by discovery and 
exploration to all the country drained by the Missouri 
and the Columbia rivers and their tributaries. 

SUGGESTIVE QUESTIONS. 
[Care has been taken in preparing the questions at 
the end of each chapter of this book to make them 
suggestive, not questions answered in the text, but 
rather questions requiring original thought and addi- 
tional research.] 

1. Why were the nations of Europe so anxious to 
find a northwest passage from the Atlantic to the 
Pacific? 

2. What voyages were made in the North Atlantic 
to find this passage? In the North Pacific? 

3. What benefit to Great Britain has the Suez 
Canal been? 

4. What nation should build and control the Nic- 
aragua Canal? Why? 

5. How did the Spaniards attain their supremacy 
on the Pacific? When and how did they lose it? 

6. Can Drake's treatment of the Spanish be jus- 
tified? 

7. What discoveries on the Pacific gave Spain 



30 HISTORY AND GOVERNMENT OF WASHINGTON. 

rights? Russia? Great Britain? The United States? 

8. Why were no voyages made to the North Pa- 
cific from 1608 to 1768? 

9. What Hne should have been the northern bound- 
ary of the original Oregon territory? Upon whose 
discovery is this claim based? 

10. Who first really re-discovered the Strait of 
Juan de Fuca? 

1 1 . Who first saw the current of the Columbia 
River? 

12. What was the principal trade on the north- 
west Pacific coast? What nations engaged in it? 
Where did they generally take their cargoes? For 
what did they exchange? 

13. Whose discoveries gave great impetus to this 
trade ? 

14. Why did not the French take as active a part 
in exploring the North Pacific as the other nations? 

15. What was the Hudson's Bay Company? 

16. Why was Nootka Sound the headquarters of 
the fur traders? 

17. Had the state of Massachusetts the right to 
coin money in 1787? Why? 

18. Were Meares' voyages of an}^ benefit to the 
British government? Why? 

19. What right does discovery give a nation? 

20. Does a nation acquire the right to occupy and 
make settlements in a territor}- discovered by its peo- 
ple to the seclusion of the people of other nations? 
Does it attain sovereignt}' over the territory by the 
act of discovery? 



DISCOVERY AND EXPLORATION. 3 I 

21. What nation had the best right to the terri 
tory of original Oregon? Why? 

22. Was Martinez justifiable in seizing the vessels 
of other nations at Nootka? Why? 

23. To what nation should Queen Charlotte's 
Island belong? Vancouver's Island? Why? 

24. Why did not Gray land and take formal pos- 
session of the territory he discovered, as Vancouver 
and other navigators did? 

25. In what way did Gray show good taste in 
bestowing names? 

26. When did Vancouver miss a great oppor- 
tunity ? 

27. Why should the Indian names of places be 
retained? 

28. Had Thomas Jefferson any authority to pur- 
chase Louisiana from Napoleon? 

29. Was it a wise purchase? 



CHAPTER II. 
EARLY SETTLEMENTS. 

39. Three Classes of Settlers. The territory of 
Washington was occupied by three classes of settlers : 

1. The fur traders. 

2. The missionaries. 

3. Actual settlers. 

The fur traders came first under the auspices of 
several companies, the principal of which was the 
Hudson's Bay Company, doing business under a 
charter granted by the British government. Their 
establishments were temporary, and in them the family 
did not exist. Hence the fur traders must be regarded 
not as actual settlers, but only as transient sojourners. 

Then came the missionaries, who were sent by the 
church organizations to teach Christianity to the 
Indians. At first their establishments were not de- 
signed for colonization, but a few of them afterward 
formed the nuclei of permanent settlements. 

The third class consisted of those sturdy yeomen, 
ever ready to leave their homes in the east and push 
out west on the wild frontier to build up new homes. 
The history of each class will be given in order. 

40. Oregon and the Fur Companies. In relating 
the early history of the state of Washington we must 
necessarily Include with it an account of the history 

32 



EARLY SETTLEMENTS. 33 

of Oregon, which formerly extended from the 42d 
degree of latitude along the Pacific to the parallel of 
54 degrees 40 minutes, and eastward to the summit 
of the Rocky Mountains. Immediately after the re- 
turn of Lewis and Clarke three great fur companies 
were striving for possession of this territory — the 
Northwest Fur Company, organized at Montreal; the 
Pacific Fur Company, organized at New York by John 
Jacob Astor, and the old Hudson's Bay Company. 

41. Establishment at Fraser's Lake. In 1 806 a 
party of the Northwest Company, under the command 
of Simon Fraser, crossed the Rocky Mountains near 
the passage of Peace River and formed a trading estab- 
lishment on a small lake named Fraser's Lake, situated 
in latitude 54 degrees. This was the first settlement 
made by the Canadians west of the Rocky Mountains. 
It was merely a temporary trading post and not a per- 
manent settlement. Other posts were established in 
the same country, to which the traders gave the name 
of New Caledonia, but it was a part of original 
Oregon. 

42. First Establishment on Snake River. Mr. 
Henry, an agent of the Missouri Company, established 
a trading post on a branch of the Lewis or Snake 
River, which was the earliest settlement on any branch 
of the Columbia. The hostility of the Indians and 
the difficulty of obtaining provisions caused this post 
to be abandoned in 18 10. 

43. Attempt to Form a Settlement at Oak Point. 
In 1 8 10 the commander of the ship Albatross of 



34 HISTORY AND GOVERNMENT OF WASHINGTON. 

Boston attempted to establish a post for trade with 
the Indians at a place called Oak Point, on the 
Columbia River. A house was built and a garden 
planted. The site was badly chosen, for a rise in the 
river washed away the garden and the scheme was 
abandoned. 

44. Founding- of Astoria. In i8iO the Pacific Fur 
Company was organized by Astor, who determined to 
form a settlement on the Pacific coast. He despatched 
a vessel named the Tonquin, commanded by Captain 
Thorne, to the mouth of the Columbia River, where 
they arrived on the 24th of March, 181 1. They 
erected a fort and other houses, cleared a large piece 
of ground and planted a garden. They named the 
settlement Astoria in honor of John Jacob Astor, the 
founder of the company. 

45. First Settlement in Washington. While the 
Astorians were engaged in erecting their buildings, 
they were visited by a party of the Northwest Com- 
pany in charge of David Thompson, the surveyor of 
the company. Finding the Americans already in 
possession of the mouth of the Columbia, to which 
they had been despatched from Canada in order to 
forestall the Americans, they returned up the Colum- 
bia as far as the mouth of the Okanogan. Near the 
junction of this river with the Columbia, Thompson 
established a post. This was the first settlement in 
what is now the state of Washington. Thompson 
and his party remained here during the winter, but 
there is no record of its further occupation. 



EARLY SETTLEMENTS. 35 

46. Supremacy of the Hudson's Bay Company. 

The war of 1812 caused the abandonment of Astor's 
enterprise, and the property at Astoria was sold to 
the Northwest Company in 18 13. The name Astoria 
was changed to Fort George, and the Canadian com- 
pany was the dominant power in Oregon until 1824, 
when the Hudson's Bay Company absorbed the North- 
west Company, and this old British monopoly ruled 
the country, with its headquarters at Vancouver on the 
Columbia, until it was superseded by the provisional 
government of the American pioneers in 1843. 

47. Joint Occupancy of Oregon. On October 18, 
i8i8, the United States and the British governments, 
in a treaty held in London, agreed "that any country 
that may be claimed by either Great Britain or the 
United States on the northwest coast of America, 
westward of the Stony Mountains * * * should 
be free and open for the term of ten years to the 
vessels, citizens, and subjects of the two powers." 
This is known in history as the "Joint Occupation of 
Oregon." 

48. Society For the Settlement of Oregon. In 1 829 
there was incorporated at Boston under the laws of 
Massachusetts a company organized by H. J. Kelly 
and known as "The American Society for the Settle- 
ment of Oregon Territory." Mr. Kelly sent agents 
throughout the eastern states to enlist emigrants for 
Oregon. This enterprise was not very successful. 
Mr. Kelly himself visited the scene of his proposed 
colony, and one of his agents, Nathaniel Wyeth, of 



36 HISTORY AND GOVERNMENT OF WASHINGTON. 

Cambridge, Massachusetts, led an expedition to the 
Columbia. 

49. Wyeth's Expedition. Wyeth crossed the plains 
to Oregon in 1832 and returned in 1833. Again in 
1834 he arrived on the Columbia and established him- 
self as a trader on Wappatoo Island, near the mouth 
of the Willamette, having sent his goods around Cape 
Horn in a vessel. He remained on this island about 
three years, and then sold his property to the 
Hudson's Bay Company. Nuttal, a naturalist, and 
Townsend, an ornithologist, accompanied Wyeth, and 
the accounts of their explorations and observations 
did much to attract the attention of people to this 
country. The Methodist missionaries, Lee, Shepard, 
and Edwards, also came with Wyeth in 1834 and 
established missions on the Willamette River. They 
were the first missionaries in the country. 

60. Bonneville's Expedition. Captain Bonneville of 
the United States army obtained a furlough for two 
years to explore the west. On the ist of May, 1832, 
with a force of no men Bonneville started from Fort 
Osage in Missouri and began his march westward. 
They reached the Umatilla River about the middle 
of September and proceeded down that river to the 
Columbia and endeavored to open trade with the 
Indians. But the Indians were under the control of 
the Hudson's Bay Company, who had forbidden their 
trading with the Americans. Bonneville reluctantly 
abandoned the expedition and returned to the east. 



EARLY SETTLEMENTS. 37 

61. First Missionaries in "Washington. In 1 836 the 
American Board of Missions sent Whitman and Spauld- 
ing to estabUsh missions among the Nez Perce and 
other Indians. Mrs. Whitman and Mrs. Spaulding 
accompanied their husbands, and were the first white 
women to cross the plains to Oregon. Whitman 
estabhshed a mission among the Cayuse Indians at 
Waiilatpu on the Walla Walla River, about five miles 
southwest of the present city of Walla Walla. Spauld- 
ing went to Lapwai on the Clearwater and established 
a mission among the Nez Perces. 

52. Puget Sound A^cultural Company. In 1837 
the Hudson's Bay Company organized a company 
called the "Puget Sound Agricultural Company," for 
the purpose of bringing into the country a British 
agricultural population to counteract the American 
tide of immigration and to aid by their presence and 
numbers in the approaching strife for the occupation 
of the country. In 184 1 a party of settlers, under 
the management of this company, came from Canada 
and formed two settlements, one on the Cowlitz River 
and one at Nisqually, near Puget Sound. In 1843 
William F. Tolmie was placed in charge at Nisqually, 
the principal place of business of the company. 

53. Roman Catholic Missions. In 1838 the Bishop 
of Quebec sent two Roman Catholic clergymen, F. 
N. Blanchett and Modeste Demers, from Canada 
across the continent to Vancouver as missionaries to 
the French Canadians, who, after leaving the service 
of the Hudson's Bay Company, had settled in the 



38 HISTORY AND GOVERNMENT OF WASHINGTON. 

Willamette Valley and on the Cowlitz River. Demers 
was located at Cowlitz. 

54. Emigrants Crossing the Plains in "Wagons. In 
1838 the first emigrants to cross the continent in 
wagons arrived in Oregon. Others followed, and in 
1842 a tide of emigrants with their ox-teams, herds, 
household goods and farming implements began to 
pour over the Rocky Mountains and down the valley 
of the Columbia into Oregon. From the Missouri to 
the Columbia the plains were dotted with the "white 
schooners of the prairie" during this and subsequent 
years. The British began to realize that "Joint Oc- 
cupancy" was not what they wanted after all. Yankee 
enterprise was too much for them. 

55. Formation of Provisional Government. Early 
in 1843 the "citizens of the colony," as they styled 
themselves, began to hold meetings to devise ways 
and means to protect their stock from the wolves and 
other wild animals. These meetings led to the for- 
mation of the Provisional Government. This was con- 
summated by electing a Supreme Judge and other 
officers, and a committee to prepare a code of laws 
to be adopted by a vote of the people. The report 
of this committee was adopted by the people, and 
thus began a government for Oregon "for the people 
and by the people." This form of government was 
purely American and was completed at Champoeg on 
July 5th, 1843, and the dominant power of the British 
fur company ceased in Oregon. 




TUMWATER. 
First permanent settlement in Washintjton. 



EARLY SETTLEMENTS. 39 

56. The Immigration of 1843-44-45. The immi- 
gration to Oregon in 1843 was about nine hundred, 
who came in wagons to Walla Walla and the Dalles, 
passing down the Columbia in boats. The immigration 
of 1844 was about eight hundred. The immigration 
of 1845 was much larger, containing about three 
thousand five hundred people. These settlers were a 
hardy race of honest, intelligent and energetic people, 
and thoroughly loyal to the government of the United 
States. 

57. Settlers in Washington in 1844. In 1 844 the 
only settler between the mouth of the Willamette and 
Cowlitz rivers was a man named White, who occupied 
a claim on the south side of the Columbia, near the 
site of the present town of St. Helens. James Birnie, 
an employe of the Hudson's Bay Company, lived at 
Cathlamet, the present county seat of Wahkiakum 
County. Captain Scarborough lived near the mouth 
of the Cowlitz River, on the Washington side of the 
Columbia. 

Anton Gobain, a herder of the Hudson's Bay Com- 
pany, occupied a small prairie on the east side of the 
Cowlitz, near the site of the present town of Monti- 
cello. These, with Fort Nisqually and the Cowlitz 
farm and mission and Fort Vancouver, were all the 
white settlements in western Washington at that date. 

58. The First Settlement on Puget Sound. The 
first settlement on Puget Sound, and the first perma- 
nent settlement in Washington, was made at the falls 
of the Des Chutes River, now called Tumwater. The 



40 HISTORY AND GOVERNMENT OF WASHINGTON. 

leader in this settlement was Michael T. Simmons, a 
Kentuckian, who came to Oregon in 1844, remaining 
at Washougal on the Columbia during the winter of 
1844-45. Five families and two unmarried men, with 
Simmons as leader and Peter Bercier as guide, started 
from the Cowlitz landing on the Columbia to form a 
settlement on Puget Sound. Many days they labored 
cutting a road from the Columbia to the falls of the 
Des Chutes, a distance of fifty-eight miles, where they 
arrived late in October. Simmons took the claim at 
Tumwater, calling it New Market. The other mem- 
bers of the party settled in the vicinity, most of them 
on Bush Prairie. In a few years it became a flourish- 
ing little colony. 

59. Other Settlements on the Sound. Tumwater 
remained the only settlement on the sound of any 
importance until the year 185 1. In the mean time 
gold had been discovered in California and the news 
reached Puget Sound. The result was that many 
settlers abandoned their claims to seek fortunes in the 
south. During this period but few attempts were 
made to establish settlements north of the Columbia. 

In 1848 several immigrants came to the Cowlitz, 
settling along the river and on the prairie. 

Thomas W. Glasgow took a claim on Whidby's 
Island in 1848, and was joined during the summer by 
other settlers. Patkanim, chief of the Snoqualmies, 
was hostile to American settlers on the sound and 
compelled Glasgow and his companions to quit the 
island. Steilacoom was settled in 185 1 by Captain 



EARLY SETTLEMENTS. 4 1 

Lafayette Balch. Late in the autumn of 1850 L N. 
Ebey re-occupied the claim on Whidby's Island, 
from which Patkanim had driven Glasgow. Port 
Townsend was settled by Alfred A. Plummer and 
Charles Bachelor in April, 185 1. F. W. Pettygrove 
and L. B. Hastings came to Port Townsend in Feb- 
ruary, 1852, and a town was laid out. H. C. Wilson 
had settled here a short time before. 

Such was the condition of the settlements on Puget 
Sound at the close of 185 1. 

60. Oljrmpia Founded. In October, 1846, Levi L. 
Smith and Edmund Sylvester arrived at the Tumwater 
settlement. Smith and Sylvester were partners in 
holding land claims. Smith located a half section at 
the head of Budd's Inlet, and Sylvester took a claim 
on the border of Chamber's Prairie. After the death 
of Smith, which occurred in August, 1848, by drown- 
ing, Sylvester abandoned the prairie claim and occupied 
the sound claim, which had been called Smithfield. 
In 1850 Sylvester laid off Smithfield claim as a town 
and named it Olympia, suggested by the beautiful 
snow-capped mountains in full view to the northward. 

"Afar their crystal summits rise 
Like gems against the sunset skies, 
While far below the shadowy mist, 
In waves of pearl and amethyst, 
'Round stately fir and sombre pine, 
Its dewy- jeweled fingers twine; 
Olympia's gods might view with grace 
Nor scorn so fair a dwelling place." 

61. Seattle Settled. In the autumn of 185 1 C. C. 
Terry, Lee Terry, John N. Low, A. A. Denny, 



42 HISTORY AND GOVERNMENT OF WASHINGTON. 

D. T. Denny, \V. N. Bell and CD. Boren came from 
Portland, Oregon, by water in a schooner and landed 
at Alki Point on the 13th of November. Here they 
began to lay out a town, but further examination of 
the countr)' and information obtained from the Indians 
concerning a pass through the Cascade Mountains to 
the Yakima Valley and the Great Plains of the Colum- 
bia caused the settlers to abandon Alki Point. They 
crossed over to the east side of Duwamish Bay, now 
called Elliott Bay, and established a town which they 
named Seattle, in honor of the most dignified and honor- 
able Indian chief that ever lived on the Pacific coast. 
Later Henry L. Yesler built a saw-mill* on the water 
front. The location was well chosen, and in four 
years the little hamlet had a population of 300. 
Seattle has grown to be the metropolis of Washing- 
ton, containing at the present time more than 60, 000 
inhabitants. 

62. Other Settlements in Washington. Contempo- 
rary with the founding of Seattle settlements were 
made at Dunginess. Whidby's Island soon after be- 
came the home of many energetic Americans. In 
1852 a settlement was made at Bellingham Bay. 
Large saw mills were soon erected at Ports Ludlow, 
Gamble, Madison, and Blakely, which added much in 
a commercial way to the prosperity of the country. 
Other parts of Washington were gradually receiving 
American settlers. Columbia Lancaster, Chief Justice 
of Oregon under the provisional government, had 



*Yesler's was the first steam saw-mill on Puget Sound, 



EARLY SETTLEMENTS. 43 

settled in Lewis County, now Clark County, as 
early as September, 1849. Towns ivere projected at 
several seemingly favorable points. Among these 
were Pacific City on Baker's Bay, and Chehalis City, 
near Gray's Harbor. A few settlers were locating on 
Shoalwater Bay, now called Willapa Bay, and at other 
points on the coast. On the north side of the. Colum- 
bia, at the Cascades, several settlers were living as 
early as 1850. The river valleys tributary to the 
sound were also receiving settlers on their fertile lands. 
Among these were the White River and Payallup 
River settlements. The entire population of the region 
north of the Columbia at the close of 1852 was about 
3,000, but they were ready to assume the responsibil- 
ities of government and were praying Congress to 
establish the 

"TERRITORY OF COLUMBIA." 



SUGGESTIVE QUESTIONS. 

1. What were the several objects of the three 
classes of settlers who first occupied Washington? 

2. What were the causes of the failure of Astor's 
enterprise at the mouth of the Columbia? 

3. Did Great Britain attain any right to territory 
by the settlement made by Thompson at the mouth 
of the Okanogan? 

4. What gave the Hudson's Bay Company its 
great power in the northwest? 

5. Was "Joint Occupancy" a wise measure for 
either Great Britain or the United States? Why? 



44 HISTORY AND GOVERNMENT OF WASHINGTON. 

6. What were the principal causes of the failure 
of Wyeth's expedition? Of Bonneville's? Did the 
United States gain anything by these expeditions? 

7. Were the missions established in Washington 
of any value to the United States? How? 

8. Why did the Hudson's Bay Company establish 
the Puget Sound Agricultural Company in 1837? 

9. Had that company been in the habit of foster- 
ing agricultural pursuits in the northwest before that 
time? 

10. What caused the formation of the Provisional 
Government for Oregon? Did the Hudson's Bay 
Company approve of it? Why? 

1 1 . What was the cause of the great overland 
immigration to Oregon in 1843-4-5? 

12. Why did Simmons choose the falls of the Des 
Chutes for his settlement? 

13. What reasons can be advanced for locating 
Seattle where it is? 

14. Why was Port Townsend early selected as a 
place of settlement? 

15. Why was a settlement made at Bellingham 
Bay? At the Cascades? On Baker's Bay? Did the 
last prove a wise selection? Why? 

16. Were not favorable sites for establishing towns 
overlooked by the early settlers? If so, where? 




ISAAC 1. STEVENS, 
First Governor of Washington Territory. 



CHAPTER III. 
TERRITORIAL PERIOD. 

63. "Washington Territory Created. On November 
25th, 1852, a convention of delegates from the coun- 
ties of Oregon north of the Columbia met at Monti- 
cello on the Cowlitz River. A memorial to Congress 
was prepared, stating the condition of the country and 
praying that body to create the Territory of Colum- 
bia out of that portion of Oregon lying north and 
west of the Columbia River. Joseph Lane, delegate 
to Congress from Oregon, introduced the subject 
December 6, 1852, by procuring the passage of a 
resolution instructing the Committee on Territories to 
consider the question and report a bill. The Com- 
mittee reported House Bill No. 8 to organize the 
Territory of Columbia, which came up for passage 
February 8th, 1853. Richard H. Stanton, of Ken- 
tucky, moved to substitute the name of Washington 
for Columbia, which amendment prevailed, and the 
bill passed the House February lOth, and was adopted 
by the Senate March 2d, 1853. President Fillmore 
signed the bill the same day, and the Territory of 
Washington was created. 

64. Size of the Territory "When Formed. The terri- 
tory as created embraced more than twice the area 
petitioned for in the memorial. It reads as follows: 
"All that portion of Oregon Territory lying and being 
south of the forty-ninth degree of north latitude, and 

45 



46 HISTORY AND GOVERNMENT OF WASHINGTON. 

north of the middle of the main channel of the 
Columbia River, from its mouth to where the forty- 
sixth degree of north latitude crosses said river near 
Fort Walla Walla ; thence with said forty-sixth degree 
of latitude to the summit of the Rocky Mountains." 
This included all the territory of the present state, the 
north part of Idaho, and the western part of Montana. 

G5. Provisions of the Act. The act creating the 
territory provided for a governor, to be ex-officio com- 
mander-in-chief of militia and superintendent of Indian 
affairs; a secretary, a supreme court of three judges, 
an attorney, and a marshal, all to be appointed by 
the president for a term of four years. It also pro- 
vided for a delegate to Congress, whose first term 
was to last only during the Congress to which he was 
elected. A territorial legislature was created with 
two branches — a council of nine members elected for 
th'ree years — the first members to serve one, two, and 
three years, decided by lot among them; and a house 
of eighteen members, elected for a term of one year. 
Twenty thousand dollars were appropriated to defray 
the expenses of a census, after the taking of which 
the governor was to apportion the members of the 
legislature and call an election to choose them and 
the delegate to Congress. The first legislature was 
to meet at any place the governor might select, and 
was then to fix the seat of government. Five thou- 
sand dollars were appropriated for public buildings, 
and" the same amount for a library. County and 
local officers then serving were to hold their positions 



TERRITORIAL PERIOD. 47 

until their successors were chosen under acts to be 
passed by the legislature of the new territory. Causes 
were to be transferred from the Oregon courts, and 
the territory was to be divided into three districts, in 
each of which one of the supreme judges was to hold 
a district court. Sections 1 6 and ^6 of the public 
lands, or their equivalent, were given to the territory 
for the benefit of the public schools. 

6Q. First Territorial Officers. President Pierce soon 
after his inauguration appointed the following named 
ofhcers for Washington Territory: Governor, Major 
Isaac I. Stevens, of the U. S. Engineers; Secretary, 
Charles H. Mason, of Rhode Island; Attorney, J. S. 
Clendennin, of Mississippi; Marshal, J. Patton Ander- 
son, of Tennessee; Chief Justice, Edward Lander, of 
Indiana; Associate Justices, Victor Monroe, of Ken- 
tucky, and O. B. McFadden, of Pennsylvania. 



GOVERNOR STEVENS' ADMINISTRATION. 

1853 TO 1857. 
67. Stevens' Proclamations. The war department 
had placed Major Stevens in charge of an expedition 
to survey a northern route for a transcontinental rail- 
way, and he was occupied with that work during the 
summer and autumn of 1853. On September 29th, 
1853, Stevens crossed the boundary line of the new 
territory at the summit of the Rocky Mountains, 
where he issued a proclamation declaring the act of 
Congress and assumed his duties as governor. He 



48 HISTORY AND GOVERNMENT OF WASHINGTON. 

arrived in Olympia in November, and on the 28th 
issued a second proclamation dividing the territory 
into judicial and legislative districts, and calling an 
election to be held on the 30th day of January, 1854, 
for the election of a delegate to Congress and mem- 
bers of the territorial legislature. He appointed the 
27th of February, 1854, ^^r the convening of the 
legislature at Olympia. 

68. First Election in the Territory. Marshal Ander- 
son arrived in the Territory in 1853, ^^^ during the 
summer of that year had taken a census, as provided 
by act of Congress creating the territory. His returns 
showed a total population of 3965, of whom 1682 
were voters. For the election to be held in January, 
1854, the Democratic party nominated Columbia Lan- 
caster, of Clarke County, for delegate to Congress. 
The Whig party nominated W. H. Wallace, of Pierce 
County, M. T. Simmons, of Thurston County, was 
an independent candidate for this office. Lancaster 
was elected, receiving 690 votes. Wallace received 
500, and Simmons 18 — a total vote of 1208. 

69. Meeting of the First Legislature. The first 
legislature of Washington Territory convened at Olym- 
pia on the 27th of February, 1854. The Democratic 
party had a majority of one in the council and of 
six in the house. G. N. McConnaha was chosen 
president of the council, and F. A. Chenowetli 
speaker of the house. Olympia was chosen as the 
capital of the territory. This legislature also created 
several new counties, retaining the names and boun- 



TERRITORIAL PERIOD. 49 

daries of those already formed by the Oregon 
legislature. A commission was appointed by the legis- 
lature to codify the laws of the territory. 

70. "Wagon Road Over the Cascades.' The early 
settlers came to Washington either by the way of the 
Columbia River and up the Cowlitz in canoes, or by 
vessel through the Strait of Fuca. To develop the 
country a wagon road over the Cascade Mountains 
from eastern Washington to Puget Sound was much 
needed. As early as 1850 measures were taken to 
establish such a road from Nisqually to the source of 
the Yakima River, and thence down that stream to 
Fort Walla Walla, and thence to intersect the old 
emigrant road to Oregon, near the foot of the Blue 
Mountains. In the mean time some work had been 
done on this road, but it was not until the summer 
of 1853 that the way was opened for the passage of 
wagons. In the autumn of that year thirty-five 
wagons passed over this road to Puget Sound. This 
was the first thoroughfare over the Cascades and soon 
led to the settlement of the rich valleys of the White 
and Puyallup rivers. It was only a matter of time 
when the 'Tron Horse" was to take the place of the 
ox team along this route. 

71. Governor Stevens Visits the National Capital. 
Soon after the adjournment of the legislature Governor 
Stevens went to Washington City in the interests of 
the territory and to report the results of his railway 
survey. In conjunction with delegates Lane of Oregon 
and Lancaster of Washington, Stevens presented the 



50 HISTORY AND GOVERNMENT OF WASHINGTON. 

needs of the new territory to Congress. The result 
of their efforts was the appropriation of $30,000 for 
the construction of the Mullen road from the Great 
Falls of the Missouri via Coeur de Alene Lake to 
Walla Walla; $25,000 for the construction of a mili- 
tary road from the Dalles down the Columbia to Fort 
Vancouver; $30,000 for a road from Fort Vancouver 
to Fort Steilacoom; $89,000 for light houses at various 
points'on the coast, and $100,000 to enable Governor 
Stevens to treat with the Indians in the territory. 

72. Governor Stevens Elected Delegate to Congress. 
At the election held in 1855 J. Patton Anderson was 
elected by the Democrats delegate to Congress over 
the Whig nominee, Judge William Strong. Dur- 
ing Anderson's term of office nothing of importance 
had been done of interest to the territory. In 1857 
the Republican party, the successor of the Whig 
party, nominated Alexander Abernethy for delegate 
to Congress. The Democrats placed in nomination 
Governor Stevens, who was elected by a large majority. 
On the nth of August, 1857, Stevens resigned the 
office of governor to take his seat in Congress, and 
his place v/as taken by Secretary Mason, acting gov- 
ernor until the appointment of Stevens' successor. 



GOVERNOR MCMULLEN'S ADMINISTRATION. 

1857 TO 1859. 

73. Fayette McMullen Appointed Governor. Upon 
the resignation of Governor Stevens, Fayette Mc- 
Mullen, of Virginia, was appointed Governor of Wash- 



TERRITORIAL PERIOD. 5 I 

ington Territory; but in July, 1858, he was removed 
for incompetency, and during the remainder of his 
administration Charles H. Mason, secretary of the 
territory, acted as governor. Mason was a man who 
had the confidence of the people of the territory, and 
his administration was entirely satisfactory. Mason 
died just before the close of his term of office, uni- 
versally honored and regretted by the people, whose 
governor he had been during two brief periods. 

74. Gold Discovered on Eraser's River. The chief 
event which occurred in McMullen's administration 
was the discovery of gold on Fraser River in British 
Columbia. The gold excitement was intense all over 
the Pacific coast. The result was that it materially 
affected the prosperity of Washington, as did the dis- 
covery of gold in California previously, by causing 
the people of the territory in large numbers to forsake 
the resources of their own commonwealth and rush 
to the mines. The frequent gold excitements in early 
days tended to retard the growth of the territory by 
diverting the attention of the people from the 
pursuits of those occupations necessary for the devel- 
opment of a nev/ country. 

75. Founding of Walla Walla. AH the territory 
east of the Cascade Mountains was in the exclusive 
possession of the several Indian tribes occupying that 
part of the country until the autumn of 1858, when 
the Walla Walla country was thrown open to settle- 
ment. Prior to this time our narrative is concerned 
only with an account of the missions, fur company 



52 HISTORY AND GOVERNMENT OF WASHINGTON, 

establishments and Indian wars, given elsewhere in 
this history. Within a year after the country was 
opened to settlement so many people had taken land 
claims in the beautiful and fertile Walla Walla valley 
that the legislature at the session of 1859 passed an 
act organizing the county of Walla Walla. At this 
time there was a small hamlet on Mill Creek, near 
the old Whitman mission, called "Steptoeville," which 
had been selected as the county seat. The county 
commissioners changed the name to Walla Walla, now 
the principal city in southeastern Washington. 

76. Stevens Re-elected to Congress. In 1 8 59 Gov- 
ernor Stevens was re-elected delegate to Congress 
over W. H. Wallace, the Republican candidate. During 
his second term he was successful in obtaining several 
appropriations of great value to the territory. He 
also obtained provision for the payment of the Indian 
war debt. 



GOVERNOR GHOLSON'S ADMINISTRATION. 

1859 TO 1861. 

77. Richard D. Gholson Appointed Governor. In 
1859 Richard D. Gholson, of Kentucky, was appointed 
governor of Washington Territory. He assumed the 
duties of the ofifice, but in less than a year left the 
territory and returned to Kentucky. He seemed to 
have but little executive ability, and no sympathy for 
the people over whom he was appointed to preside. 
His abandonment of the ofifice was a relief to the 
people of the territory. Upon the departure of Ghol- 



TERRITORIAL PERIOD. 53 

son, H. M. McGill, the secretary of the territory, 
became acting governor, who completed the adminis- 
tration with credit to himself and benefit to the 
territory. 

78. Salmon River Gold Excitement. In i860 the 
discovery of gold in the Salmon River Mountains, 
about 200 miles northeast of Walla Walla, caused 
general excitement throughout the Pacific coast. These 
mines were within the limits of the territory, and, 
unlike the other gold excitements, were rather bene- 
ficial than detrimental to the growth of Washington 
Territory, for, the gold seekers in going to "Oro 
Fino," as the mines were called, must pass through 
the fertile valley of Walla Walla, and the consequence 
was that after the mines were exhausted many of 
the miners settled in this valley, attracted by the 
luxuriant bunch grass and fertile soil, and became 
agriculturists and stock raisers. 



GOVERNOR WALLACE'S ADMINISTRATION. 

1861 TO 1862. 

79. W. H. Wallace Appointed Governor. In 1 86 1 

President Lincoln appointed W. H. Wallace, who had 
been a resident of the territory several years, gov- 
ernor. A short time afterward he was elected by the 
Republicans as delegate to Congress, and L. J. S. 
Turney, secretary of the territory, became the acting 
governor. No important historical event occurred 
during this brief administration. 



54 HISTORY AND GOVERNMENT OF WASHINGTON. 

GOVERNOR PICKERING'S ADMINISTRATION. 

1862 TO 1866. 

80. "William Pickering" Appointed Governor. When 
Governor Wallace resigned to take his seat in Con- 
gress, President Lincoln appointed William Pickering, 
of Illinois, governor of the territory. He arrived at 
Olympia in June, 1862, and assumed his duties. 

81. Elwood Evans Appointed Secretary. In Decem- 
ber, 1862, Mr. Turney was removed from the office, 
and Elwood Evans was appointed secretary of the 
territory. Mr. Evans first came to the territory with 
Governor Stevens as journalist of the expedition. Dur- 
ing 1865 Mr. Evans acted as governor. He still 
resides in the state of Washington, and is one of ' 
Tacoma's honored citizens. 

82. Idaho Territory Constituted. March 3d, 1863, 
Congress organized the territory of Idaho out of all that 
part of Washington lying east of Oregon and east of 
the 1 17th meridian of west longitude. This act reduced 
the territory of Washington to its present limits. 

83. Georg-e E. Cole Elected to Congress. In 1 863 
the Democratic party placed George E. Cole in nom- 
ination for delegate to Congress. The Republicans 
nominated J. O. Rayner. Mr. Cole was elected by a 
small majority. During Cole's term of ofhce there 
was very little legislation secured for the territory of 
Washington. The civil war was going on east, and 
the general government had no time to look after 
the welfare of the territories, but let them take care of 
themselves. 



TERRITORIAL PERIOD. 55 

84. A. A. Denny Elected to Congress. In 1865 the 
Republicans nominated Arthur A. Denny, of Seattle, 
for delegate to Congress. The Democrats nominated 
James Tilton. Mr. Denny was elected by a majority 
of 1 138. The total vote of that year was 3564. Mr. 
Denny was an "Old Pioneer" of the territory and 
very popular. Beyond the usual appropriations for 
the government of the territory. Congress did nothing 
for Washington during Mr. Denny's term of ofifice. 
This was the period of reconstruction following the 
civil war, and the differences between President John- 
son and Congress affected legislation 



GOVERNOR COLE'S ADMINISTRATION. 

1866 TO 1867. 

85. G-eorg-e E. Cole Appointed Governor. In 1866 
President Johnson removed Governor Pickering from 
office and appointed in his stead George E. Cole, the 
Democratic ex-delegate to Congress. Mr. Cole as- 
sumed the duties of the ofifice, but owing to the 
differences between the President and Congress, the 
Senate refused to confirm the nomination of Mr. Cole. 
Mr. Cole acted as governor only two months. 

86. E. L. Smith Appointed Secretary. E. L. Smith, 
of California, had been appointed secretary of the 
territory, and had arrived at Olympia in June, 1866. 
He assumed the duties of acting governor until Presi- 
dent Johnson could make an appointment which the 
Senate would confirm, which he succeeded in doinsf 
after several attempts. 



56 HISTORY AND GOVERNMENT OF WASHINGTON. 

GOVERNOR MOORE'S ADMINISTRATION. 

1867 TO 1869. 

87. Marshall F. Moore Appointed Governor. Finally 
President Johnson nominated Marshall F. Moore gov- 
ernor of Washington Territory, and his nomination 
was confirmed by the Senate. Moore was a native of 
New York, and had served as a gallant soldier during 
the civil war, bearing the rank of brevet major-general 
at its close. His administration of the affairs of the 
territory was most satisfactory. 

88. Alvan Flanders Elected to Congress. At the 
election in 1867 the Democrats presented the name 
of Frank Clark, of Steilacoom, and the Republicans, 
Alvan Flanders, of Wallula. Mr. Flanders was elected 
by a majority of less than 100 votes. 

89. Organization of Transportation Companies. Dur- 
ing this period of our history several railway and 
navigation companies were organized to open up 
channels for commerce in the territory. Among these 
may be mentioned the Puget Sound and Columbia 
River Railroad Company. The Northern Pacific Com- 
pany obtained the right of way for its division between 
the Columbia River and Puget Sound, and also an 
additional land grant. These enterprises attracted 
the attention of eastern people to the territory, and 
were very beneficial to its growth in population and 
wealth. 



TERRITORIAL PERIOD. 5/ 

GOVERNOR FLANDERS' ADMINISTRATION. 

1869 TO 1870. 

90. Alvan Flanders Appointed Governor. Alvan 
Flanders, late delegate to Congress, was appointed 
governor in 1869. His administration was a brief 
one of less than a year. No important historical 
event occurred during this period affecting the interests 
of the territory. 

91. SalTicius Garfielde Elected to Congress. In 
1869 the Democrats nominated for delegate to Con- 
gress, ex-Governor Moore, and the Republicans, 
Salucius Garfielde, a cousin of the lamented President 
Garfield, Mr. Garfielde was elected by a majority of 
147. The time for holding elections in the territory 
for delegate to Congress was changed, so that in 1870 
it became necessary to elect another delegate. The 
Republicans again nominated Mr. Garfielde for this 
ofifice, and the Democrats nominated J. D. Mix, of 
Walla Walla. Garfielde was elected by 700 majority. 



GOVERNOR SALOMON'S ADMINISTRATION. 

1870 TO 1872. 

92. Ed-ward S. Salomon Appointed Governor. In 
1870 Edward S. Salomon, of Illinois, was appointed 
governor of Washington Territory. He had rendered 
good service to the country in the civil war. Salo- 
mon's administration was a successful one. 

93. O. B. McFadden Elected to Congress. At the 
election in 1872 the Democrats placed Judge O. B. 



58 HISTORY AND GOVERNMENT OF WASHINGTON. 

McFadden in nomination for delegate to Congress. 
The Republicans again nominated Salucius Garfielde, 
who was defeated, McFadden's majority being over 
700. 



GOVERNOR FERRY'S ADMINISTRATION. 

1872 TO 1880. 

94. Elisha P. Ferry Appointed Governor. In 1 872 
President Grant appointed Elisha P. Ferry governor 
of Washington Territory. He came to Washington in 
1869 as surveyor-general of the territory. Governor 
Ferry was one of the ablest of Washington's territorial 
governors, and held the office eight years — the longest 
term in the history of the territory. So well did he 
manage the affairs of the territory that the people of 
the new state elected him their first governor. 

95. San Juan Controversy Settled. The most im- 
portant event during Governor Ferry's administration 
was the settlement of the dispute between the United 
States and Great Britain in regard to the ownership 
of the islands of the Haro Archipelago, of which San 
Juan Island is the principal one. In 1872 Emperor 
William of Germany, to whom the northwest boundary 
line controversy had been referred for arbitration, de- 
cided in favor of the United States. 

96. Columbia Division of the N. P. R. R. Built. Dur- 
ing Governor Ferry's administration the Columbia 
division of the Northern Pacific Railway, from Kalama 
to Tacoma, was built, and also a narrow-gauge line 



TERRITORIAL PERIOD. 59 

from Olympia to Tenino, on the Northern Pacific Hne, 
was completed. These roads were of great benefit in 
developing the resources of the territory by rendering 
rapid travel and traffic between the Columbia River 
and Puget Sound. 

97. Orange Jacobs Elected to Congress. In 1 874 
the Republicans nominated for delegate to Congress 
Judge Orange Jacobs, of Seattle, then chief justice of 
the territory. The Democrats nominated B. L. Sharps 
stein, of Walla Walla. Judge Jacobs was elected, and 
again re-elected to the same office in 1876. Mr. 
Jacobs w^as succeeded in Congress by Thomas H. 
Brents, of Walla Walla, who was elected in 1878 by 
the Republicans. Mr. Brents was re-elected in 1880. 



GOVERNOR NEWELL' S ADMINISTRATION. 

1880 TO 1884. 

98. ■William A. Newell Appointed Governor. Wil- 
liam A. Newell, of New Jersey, was appointed governor 
in 1880. His administration of territorial affairs for a 
period of four years was very creditable to him and 
profitable to the territory. This was a period of 
activity in the development of the resources of the 
territor)\ Says Hines: "It was a time of auspicious 
promise." 

99. Brents Re-elected to Congress. In 1882 Thomas 
H. Brents was elected delegate to Congress the third 
time, but was defeated in 1884 by Charles S. Voorhees, 
a Democrat. 



6o HISTORY AND GOVERNMENT OF WASHINGTON. 

GOVERNOR SQUIRE'S ADMINISTRATION. 

1884 TO 1887. 

100. Watson O. Squire Appointed Governor. In 
1884 President Arthur appointed Watson C. Squire 
governor. Mr. Squire had been a resident of the ter- 
ritory several }x^ars, and his appointment gave general 
satisfaction to the people. He was a native of New 
York, and had served with distinction during the civil 
war. 

101. The Chinese Riots. The principal event in 
the territory during this administration was the "Chi- 
nese Riots," which occurred at Tacoma, Seattle, and 
other places on the Sound. On November 3d, 1885, 
the Chinese residents of Tacoma were removed from 
that city by an organized body of men. This was 
followed by the burning of the houses which had been 
occupied by the Chinese on the water front. The 
excitement of the people was intense. On the 7th of 
February, 1886, a similar attempt was made to force 
the Chinese to leave Seattle. This was unsuccessful, 
owing to the firm stand made by John H. McGraw, 
sheriff of King County, aided by the citizens of Seattle. 
This action in favor of law and order was followed 
by serious riots in the streets of Seattle by an angry 
mob. Governor Squire then proclaimed martial law 
within the city of Seattle. This was supplemented 
by a proclamation of President Cleveland, command- 
ing all insurgents and all persons assembled at any 
point within the territory of Washington for unlawful 
purposes to desist from their intentions and to dis- 



TERRITORIAL PERIOD. 6 1 

perse peaceably to their abodes. President Cleveland 
also ordered the troops under General Gibbon, sta- 
tioned at Vancouver, to go to Seattle to maintain law 
and order. These prompt actions on the part of the 
government had a wholesome effect. 

102. Voorhees Re-elected to Congress. In 1886 
Charles S. Voorhees was re-elected delegate to Con- 
gress by the Democratic party. 



GOVERNOR SEMPLE'S ADMINISTRATION. 

1887 TO 1889. 

103. Eugene Semple Appointed G-overnor. In 1887 
President Cleveland appointed Eugene Semple, of 
Oregon, governor of Washington Territory. His ad- 
ministration embraced a period of prosperity, during 
which the territory grew rapidly in population and 
wealth . 

104. John B. Allen Elected to Congress. In 1 888 

the Republicans nominated for delegate to Congress, 
John B. Allen, of Walla Walla, and the Democrats 
nominated Charles S. Voorhees for a third term. 
Allen was elected by 7000 majority. He did not 
take his seat in Congress, for, before the first session 
of the Congress to which he had been elected, Wash- 
ington Territory had become a state of the union. 



GOVERNOR MOORE'S ADMINISTRATION. 

1889 TO STATEHOOD. 
105. Miles C. Moore Appointed Governor. In 1888 
Miles C. Moore, of Walla Walla, was appointed gov- 



62 HISTORY AND GOVERNMENT OF WASHINGTON. 

crnor. His administration was a brief one of seven 
months. Another star had been added to the flag, 
and Washington was to take her place among the 
states of the union. 

SUGGESTIVh: QUESTIONS. 

1 . Would a line north and south along the summit 
of the Cascades have been a better division of Wash- 
ington Territory from Oregon than the Columbia River 
and the 46th parallel? Why? 

2. Was the amendment to the act creating the 
territory made by substituting the name "Washing- 
ton" for Columbia a wise measure? Why? 

3. Why did Congress give the territory a larger 
area than asked for in the memorial? 

4. What privileges had a territorial delegate in 
Congress ? 

5. Were the territories fairly represented in Con- 
gress ? 

6. Was it wise to appoint to territorial offices 
citizens of other states and territories? 

7. Why were Pierce and King counties so named? 

8. Why was not eastern Washington settled as 
early as w^estern Washington? 

9. Did the presidents always make good selections 
in appointing governors of the territory? 

10. What governors of the territory were good 
executive officers? 

1 1 . Would it have been better when the territory 
of Idaho was cut off from Washington to have left 
the northern counties a part of Washington? 



TERRITORIAL PERIOD. 63 

12. How did the "Reconstruction" controversy 
affect the interests of Washington Territory? 

13. What caused the many changes in politics in 
the territory, as shown by the elections of delegates to 
Congress ? 

14. Is arbitration of differences between nations 
always better than war? 

15. Was the decision of Emperor William a just 
one ? Why ? 

16. Did Governor Squire do right in placing the 
city of Seattle under martial law? 

17. Did the government do right in protecting the 
Chinese ? 



64 HISTORY AND GOVERNMENT OF WASHINGTON. 




CHAPTER IV. 
THE NORTHWEST BOUNDARY QUESTION. 

106. The Extent of Original Oregon. To give the 
student a clear idea of the subject of this chapter, it 
is necessary to give the boundary of the country, the 
sovereignty of which was in dispute. Original Oregon 
was bounded on the north by the line 54^ 40' north 
latitude ; on the east by a line along the summit of 
the Rocky Mountains; on the south by the 42d par- 
allel of north latitude, and on the west by the Pacific 
Ocean. The state of Washington now occupies the 
middle portion of this territory. Four nations con- 
tended for the sovereignty over Oregon. Let us 
examine each of their claims. 

107. Spain's Right to Oregon. We have seen in a 
preceding chapter that the navigators of Spain were 
the first to visit the northwest Pacific coast. If the 
discovery of a new country carries with it the right 
of sovereignty, then Spain certainly had the best right 
to portions of the original territory of Oregon. If 
military occupancy, in addition to discovery, strength- 
ens the right of sovereignty, then Spain's claim to 
the island of Quadra and Vancouver was a good one. 
The Spanish commandant, Martinez, occupied this 
island as early as the 6th of May, 1 789. The Span- 

65 



66 HISTORY AND GOVERNMENT OF WASHINGTON. 

ish were undoubtedly the first discoverers of the west 
coasts of America as far north as the 56th parallel of 
north latitude. 

108. Great Britain's Claims. Great Britain laid 
claim to Oregon by right of the discoveries of several 
of her navigators. The principal claims made by the 
commissioners of Great Britain in their negotiations 
with those of the United States are : 

1. Discoveries made by Drake in 1579. 

2. Discoveries made by Cook in 1778. 

3. Explorations made by Meares in 1788. 

4. Surveys and explorations made by Vancouver in 
1792. 

5. Settlement made by Thompson on the upper 
Columbia in 18 11. 

109. Examination of the Claims of Great Britain. 
Let us examine these claims of Great Britain in the 
light of historical facts : 

1. There is no record that Drake ever touched or 
saw land as far north as the limits of original Oregon. 

2. It is a matter of record that Cook made no 
discoveries within the limits of original Oregon which 
had not been made by the Spaniards and Russians prior 
to Cook's voyage to the northwest coast of the Pacific. 

3. Meares at the time he was on the coast was in 
the employ of a Portuguese merchant and sailing un- 
der the Portuguese flag. 

4. Captain Vancouver's "taking possession" of all 
the territory contiguous to Admiralty Inlet without 
bounds was most extravagant. How far from the 



THE NORTHWEST BOUNDARY QUESTION. 6/ 

point of taking possession did the confines of his New 
Georgia extend? 

5. The claim on account of Thompson's Okanogan 
settlement made in 181 1 was utterly valueless. The 
Americans were already established on the Columbia 
at the time of Thompson's coming. 

110. The Claims of Russia. In 1809 Count Roman- 
zoff, in reply to a question of John Quincy Adams, 
said: "The Russian American Company claimed the 
whole coast of America on the Pacific and the 
adjacent islands, from Bering's Strait, southward to 
and beyond the mouth of the Columbia River." 

September 14th, 1821, a tikase was issued at St. 
Petersburg claiming the whole west coast of America 
north of the 51st parallel. 

Again, in 1822, Poletica, Russian minister at Wash- 
ington, informed John Quincy Adams, then secretary 
of state, that the Russian government claimed the 
Pacific coast of America, southward as far as the 49th 
parallel of latitude. 

These differences were later adjusted by treaty be- 
tween the two governments. 

111. Claims of the United States. The United 
States government claimed the territory of original 
Oregon by virtue of the following rights : 

1. By Right of First Discovery .^ Captain Robert 
Gray, sailing under the Stars and Stripes, discovered 
the Columbia River and Gray's Harbor in 1792. 

2 . By Right of the Louisiana Purchase. This pur- 
chase was made by Thomas Jefferson of Napoleon 



68 HISTORY AND GOVERNMENT OF WASHINGTON. 

Bonaparte in 1803. It gave the citizens of the United 
States a free passage into the hitherto unexplored 
region bordering the Columbia. 

J. By Right of First Exploration. Oregon was 
explored first by Lewis and Clarke between the years 
1804 and 1806. 

^. By Right of First Settlement. The first per- 
manent settlements in Oregon were made by citizens 
of the United States. 

5. By Right of Contigtnty . The purchase of Louisi- 
ana made Oregon contiguous to United States 
territory, and a well established principle of interna- 
tional law gave the United States the best right to 
occupy this region. 

6. By the Right Ceded by the Florida Treaty . This 
treaty gave the United States all the rights Spain 
possessed to territory on the Pacific coast north of 
the 42d parallel of north latitude prior to 18 19. 



TREATIES AND CONVENTIONS RELATIVE 

TO THE NORTHWEST BOUNDARY. 

112. The Nootka Treaty. The first treaty entered 
into by nations in regard to the original territory of 
Oregon is called the "Nootka Treaty," made between 
Great Britain and Spain, signed October 28th, 
1790. The cause which led to the treaty was the 
seizure of vessels by Martinez at Nootka. The ves- 
sels were all restored and suitable reparation made, 
but it was Great Britain's opportunity to gain con- 



THE NORTHWEST BOUNDARY QUESTION. 69 

cessions from Spain. Its stipulations were vague and 
indefinite, and the treaty was of but little importance 
to either nation. 

113. The Convention of 1818. A convention was 
held between the United States and Great Britain at 
London, October 20th, 18 18. This is called the treaty 
of "Joint Occupancy." It fixed the boundary line 
between the territory of the two nations on the 49th 
parallel of north latitude from the Lake of the Woods 
to the Rocky Mountains. The territory claimed by 
both nations west of the Rocky Mountains by the third 
article of this treaty was to be open to the occupa- 
tion of the people of both nations for a period of ten 
years. This was to keep the peace between the 
screaming eagle and the growling lion. It served the 
purpose for a time. 

114. The Florida Treaty. A treaty of amity, set- 
tlement, and limits between the United States and 
Spain, commonly called the Florida Treaty, was signed 
at Washington City, February 22d, 18 19. The third 
article of this treaty established the boundary line be- 
tween the United States and the Spanish possessions, 
and ceded to the United States all the rights of Spain 
to territory on the Pacific coast north of latitude 42 
degrees north. This treaty gave the United States 
Spain's right to Oregon. 

115. The Convention of 1824. A convention be- 
tween the United States and Russia was signed at St. 
Petersburg on the 5/17 of April, 1824. This treaty 
resulted from the complaints of the Russian govern- 



70 HISTORY AND GOVERNMENT OF WASHINGTON. 

ment in regard to the alleged illicit trade with the 
natives by American citizens. In this treaty the 
Russian government acknowledges that the parallel of 
54^ 40' north latitude marked the southern boundary 
of Russian America. 

116. The Convention of 1825. A convention be- 
tween Great Britain and Russia was signed at St. 
Petersburg, February 16/28, 1825. This treaty is very 
important to the United States government since the 
purchase of Alaska, whose interests are closely allied 
to those of the state of Washington. 

117. The Convention of 1827. A convention be- 
tween the United States and Great Britain was signed 
at London, August 6th, 1827. This treaty was a re- 
newal of the treaty of Joint Occupancy of 18 18 for 
another period of ten years. There was a provision 
made in this treaty that either party might abrogate 
it by serving a twelve months' notice on the other 
party. 

118. The Treaty of 1846. The final treaty made to 
fix the boundary line between the United States and 
Great Britain was signed June 15th, 1846. The first 
article of this treaty reads as follows : 

"From the point on the forty-ninth parallel of 
north latitude, where the boundary laid down in ex- 
isting treaties and conventions between the United 
States and Great Britain terminates, the line of boun- 
dary between the territories of the United States and 
those of her Britannic majesty shall be continued 
westward along the said forty-ninth parallel of north 



THE NORTHWEST BOUNDARY QUESTION. • /I 

latitude, to the middle of the channel which separates 
the continent from Vancouver's Island, and thence 
southerly through the middle of the said channel, 
and of Fuca's Straits to the Pacific Ocean. Provided, 
however, that the navigation of the whole said chan- 
nel and straits, south of the forty-ninth parallel of 
north latitude, remain free and open to both parties." 
The intent of the makers of this treaty is perfectly 
clear. They desired to give Vancouver's Island to 
Great Britain, and that was all the territory she was 
to possess south of the 49th parallel. Hence her 
contention for the line through Rosario instead of 
Haro Strait was puerile. 

THE SAN JUAN CONTROVERSY. 

119. The 49th Parallel for Boundary. The 49th 
parallel as an international boundary line was pro- 
posed as a compromise of the conflicting claims to 
the territory west of the Rocky Mountains between 
42S and 54° 40'. For a long time the British gov- 
ernment persisted in claiming the territory north and 
west of the Columbia River after yielding that to the 
east and south. This pretension was adhered to until 
a short time before the conclusion of the treaty of 
1846, when they so far receded from their position as 
to be willing to adopt the proposed compromise, pro- 
vided that Vancouver's Island were granted to the 
British government. The United States finally con- 
sented to this, and the boundary placed as stipulated 
in the first article of the treaty of 1846. 



72 HISTORY AND GOVERNMENT OF WASHINGTON. 

120. The Canal d© Haro the Boundary. The chan- 
nel called Canal de Haro, nearest passage to 
Vancouver's Island and connecting the Strait of Fuca 
with the Gulf of Georgia, was the one meant in the 
treaty of 1846. This gave to the United States the 
Haro Archipelago, of which San Juan is the chief 
island. Every officer of our government who had part 
in the negotiation, adoption, or ratification of the treaty 
of 1846, assented to it with the full understanding 
that the Canal de Haro was to be the boundary. 

121. The British Claim Rosario the Boundary. In 

November, 1846, Mr. Bancroft, the minister of the 
United States at London, communicated to the gov- 
ernment at Washington City his apprehensions of the 
design of the British government to claim the bound- 
ary line to the Rosario Strait instead of the Canal de 
Haro, so as to throw the Island of San Juan and the 
other islands of the Haro Archipelago within the 
hmits of British jurisdiction. Mr. Bancroft promptly 
met and combatted this pretension, and it was appar- 
ently abandoned. Later we shall see that the 
abandonment was only apparent. 

122. Haro Archipelago Joined to "WTiatcom County. 
In 1852 the territory of Oregon, by act of its legis- 
lature, included the Haro Archipelago in one of its 
counties. When the territory of Washington was 
created these islands were made a part of Whatcom 
County by act of the legislature. 

123. British Resume Their Claim. In 1 85 5 the 
property of the Hudson's Bay Company on San Juan 



THE NORTHWEST BOUNDARY QUESTION. 73 

Island was assessed by the county officer the same as 
other property, and upon their refusal to pay the 
taxes their property was advertised and sold for taxes. 
This action was followed by a correspondence between 
the governors of Vancouver's Island and Washington 
Territory, in which the former declared that he had 
the orders of her majesty's government to regard the 
islands of the Haro Archipelago as a part of the 
British dominions. 

124. A Boundary OomraissiGn Appointed. On the 
lith of August, 1856, Congress passed an act author- 
izing the appointment of a commission to settle the 
northwest boundary question. Accordingly the presi- 
dent appointed Archibald Campbell commissioner for 
the United States. The British government appointed 
Captain James C. Prevost, of the royal navy. 

125. Meeting- of the Commissioners. The commis- 
sioners met at Esquimault Harbor, Vancouver's Island, 
on the 27th of June, 1857, on board the English ship 
Satellite, and exchanged credentials, with the under- 
standing that they were mutually invested with full 
powers to act for their respective governments. This 
meeting was followed by five others, but the commis- 
sioners were unable to agree upon a boundary line. 
Mr. Campbell maintained that the line should pass 
through the Canal de Haro, and Captain Prevost 
urged that the channel called the Rosario Strait was 
the only one that would answer to the channel laid 
down in the treaty. Nothing was left but to refer 



74 HISTORY AND GOVERNMENT OF WASHINGTON. 

the matter back to their respective governments, 
which was done. 

126. Military Occupation of San Juan Island. In 
July, 1859, representation was made to General Har- 
ney, commanding the military department of Oregon, 
that the civil officers of the British government were 
coming to San Juan Island to arrest an American 
citizen for some alleged offense and take him to Vic- 
toria for trial. Accordingly General Harney sent a 
company of infantry to San Juan Island to protect 
the citizens of the United States. The British author- 
ities protested against this military occupation and 
sent a British naval force to San Juan. Then General 
Harney added to the original company on the island 
all the available troops in Washington Territory. The 
excitement which followed was intense. War threat- 
ened to break out at any moment. In September, 
1859, the President sent General Scott to Washing- 
ton Territory to make amicable arrangements until the 
question of sovereignty should be permanently settled 
by the two governments. 

127. The Result of General Scott's Mission. Gen- 
eral Scott, after considering the matter carefully, 
proposed that all the United States troops, except one 
company, should be withdrawn, and a joint occupancy 
by the British with a similar force should be main- 
tained on the island. Accordingly all but one company 
of United States troops were withdrawn. In March, 
i860, the British sent a company of marines to the 
northern part of the island and there established a 



THE NORTHWEST BOUNDARY QUESTION. 75 

military post. This joint military occupancy was con- 
tinued until the final settlement of the boundary- 
question. 

128. Settlement of the Boundary Question. The 

boundary question had been a source of bitter con- 
troversy between the two great English speaking 
nations for many years. Finally on May 8th, 1871, 
the question was referred for arbitration and finality, 
beyond appeal, to King William, emperor of Germany. 
He rendered a decision in favor of the United States, 
October 21st, 1872. Thus was the international 
boundary line dispute equitably settled. There remains 
one more line to settle between these governments — 
the Alaska British America line. Let us hope that 
this may also be harmoniously settled. Let "Inter- 
national Arbitration" be the watchword of all nations 
and cruel war be no more. 

SUGGESTIVE QUESTIONS. 

1. What Spanish navigators gave their government 
right to Oregon by their discoveries? 

2. Wherein did Thompson's exploring expedition 
differ from that of Lewis and Clarke? 

3. How did Astor's establishment differ from those 
made by the Hudson's Bay Company? 

4. How did Meares' so-called discovery oi the 
Columbia differ from that of Gray? 

5. What discoveries gave Russia right to territory 
on the northwest coast? 

6. What does the word "ukase" mean? 



^6 HISTORY AND GOVERNMENT OF WASHINGTON. 

7. Did the United States have the best right to 
the territory of Oregon? Why? 

8. Was it better for the United States to concede 
to Great Britain all of Oregon north of the 49th par- 
allel than to engage in war? 

9. After the concession of the whole of Vancouver's 
Island to Great Britain, was it magnanimous in that 
government to still contend for the sovereignty of the 
Haro Archipelago? 

10. How did the treaty of "Joint Occupancy" 
affect the interests of the United States? 

11. What advantages did the United States gain 
by the Florida treaty? 

12. Was the treaty of 1827 beneficial to the United 
States? Why? 

13. Is war between nations ever justifiable? If so, 
for what causes? 

14. Was General Harney justifiable in sending 
troops to San Juan Island? Why? 

15. Was General Scott's proposition for a joint 
military occupation of San Juan Island a wise one? 
Why? 

16. Is the arbitration of international disputes a 
safe method of settlement when referred to honorable 
and disinterested parties? 




Whitman's Grave at Waiilatpu. 



CHAPTER V. 

INDIAN WARS. 

129. The WTiitnian Massacre. The first outbreak 
of the Indians in Washington occurred on the 29th 
of November, 1847, called the Whitman massacre. 
Dr. Marcus Whitman and twelve other persons were 
killed. Dr. Whitman came to the country as a mis- 
sionary in 1836, and established a mission among the 
Cayuse Indians on the banks of the Walla Walla 
River, just above the mouth of the Pasha, now called 
Mill Creek, six miles from the present city of Walla 
Walla. The site of the mission was named Wai-i-lat- 
pu, signifying the place of rye grass, this grass grow- 
ing abundantly here. Here the good doctor labored 
for the benefit of these savages for a period of eleven 
years ; then he was cruelly murdered by the hand he 
had nurtured. Mrs. Whitman was murdered at the 
same time. The victims of this terrible tragedy were 
buried together beneath a mound at the foot of the 
hill near the old mission. The causes of the Whit- 
man massacre are difftcult to determine. Much bitter 
controversy has been indulged in by the partisan 
friends and enemies of the martyred Whitman in re- 
gard to the cause of his death. Suffice it to say 
here that Indian treachery was at the bottom of the 
affair. 

11 



78 HISTORY AND GOVERNMENT OF WASHINGTON. 

130. Character of Dr. "WTiitman. Dr. Whitman was 
a noble man. His long, toilsome ride across the 
plains in the winter of 1842-43 to save Oregon for 
the United States tests his patriotism ; his fair dealings 
with all with whom he came in contact shows his 
honesty; his devotedncss to the welfare of the un- 
tutored savages in his care, and his kind treatment of 
the weary emigrant and fatherly care for the orphan 
proves his charitableness. The Whitman massacre 
was the cause of the first Indian war in Washington 
Territory. 

THE CAYUSE WAR. 

131. The Oregon Volunteers. When Governor 
Abernethy learned of the Whitman massacre he issued 
a call for volunteers. A company called the "Oregon 
Rifles" was organized under command of Captain 
Henry A. Lee, and sent up the Columbia to protect 
the settlers at the Dalles. Soon after a regiment of 
fourteen companies, numbering about 600 men, were 
enlisted in the Willamette Valley and placed under 
command of Colonel Cornelius Gilliam. They reached 
the Dalles in February, 1848. 

132. The Battle of Sand Hollow. From the Dalles 
Colonel Gilliam pushed on up the Columbia towards 
Waiilatpu. At Sand Hollow, about half way on his 
march, the Indians were met in force. They had 
chosen a deep canyon among the sandy hills called 
"Sand Hollow," being a good position, as the cuts 
and washes afforded the Indians good hiding places. 
The Indians were Cayuse warriors, led by the chiefs 



INDIAN WARS. 79 

Five Crows and War Eagle. The battle lasted until 
late in the afternoon, when just before night the 
Indians retired. 

133. The Battle of the Touchet. After the battle of 
Sand Hollow the Indians fell back toward Snake 
River, closely followed by the volunteers. When they 
had arrived near the south bank of the Snake River 
the troops were attacked by the Indians on all sides. 
The troops fell back fighting as they retired slowly 
before the Indians. All day the battle continued. 
At nightfall, when the troops reached the Touchet, a 
small tributary of the Walla Walla, the Indians with- 
drew, and the troops returned to the Waiilatpu mission. 

134. Comniissioners to Negotiate "With the Indians. 
The Oregon legislature had appointed a board of 
commissioners to treat with the Indians. They de- 
manded of the Indians the surrender of those who 
committed the murders of Waiilatpu. This the Indians 
refused. Soon afterward the Indians abandoned their 
own country on the west of the Blue Mountains and 
crossed the mountains to hunt buffalo and to be out 
of the reach of the troops. The Oregon volunteers 
returned to the Willamette Valley, and the Cayuse 
war was ended. 

THE WAR OF 1855-56. 

135. Governor Stevens' First Treaty with the In- 
dians. Governor Stevens had been appointed by the 
general government to treat with all the Indian tribes 
in the territory. Early in 1855 he sent Mr. Doty into 
eastern Washington to arrange for a council with the 



8o HISTORY AND GOVERNMENT OF WASHINGTON. 

tribes there. From time immemorial the great coun- 
cil grounds of these tribes had been at a place near 
the site of the present city of Walla Walla. Here 
Stevens met about 4000 Indians of the various tribes, 
and concluded a treaty after a council lasting about 
two weeks. Stevens then went to the Blackfoot coun- 
try to form a treaty with that tribe, which he 
accomplished without difficulty. While here Governor 
Stevens learned that an Indian outbreak had taken 
place throughout Washington Territory. 

136. Origin of the ^War. Stevens' treaty with the 
Indians at Walla Walla provided that the whole coun- 
try should be open to settlement except the tracts set 
apart for reservations. Accordingly settlers began to 
locate on the fine grazing lands of the Walla Walla 
Valley, and miners began to explore and work the 
gold mines farther north. Many of these were treach- 
erously murdered by the Indians while crossing the 
Yakima country to the mines. Indian agent Bolon 
went to the Atahnam, near the home of the noted 
Yakima chief, Kamiakin, to investigate these murders. 
On his return he too was brutally murdered by Qual- 
chien, the son of Owhi, or as he was sometimes 
called, Show-ah-way, and nephew of Kamiakin, who, 
it is believed, instigated the outrage. These were the 
immediate causes of the war. The remote causes may 
be looked for in the unwillingness of the American Indian 
to see his wild domain occupied by civilized man. It 
was a repetition of the history of all the settlements 
of the states from the Atlantic to the Pacific. 



INDIAN WARS. 8 1 

137. Governor Mason's Proclamation. It was evi- 
dent the Indians had determined to wage war against 
the settlers, and on October 14, 1855, Acting-Governor 
Mason issued a proclamation calling for two com- 
panies of volunteers, one in Clarke County to report 
to the commander of Fort Vancouver, and one in 
Thurston County to report to the commander of Fort 
Steilacoom. The United States war vessel Decatur, 
and the United States revenne cutter Jefferson Davis, 
then at anchor in Puget Sound, were requested to 
furnish arms, and the request was granted. 

138. "Washington and Oregon Volunteers. Follow- 
ing the call of the governor, the Puget Sound volun- 
teers were organized, and under command of Captain 
Gilmore Hays reported to the commander of Fort 
Steilacoom on the 20th of October, and the next day 
moved to White River to reinforce Lieutenant Slaugh- 
ter, who had been sent against the Indians. Another 
company was organized and sent to guard the 
mountain passes. Four companies of reserves were 
organized and stationed at Vancouver, Cathlamet, 
Olympia, and Seattle, ready to take the field at any 
moment. Acting-Governor Mason conferred upon Major 
Rains, of the regular army and commander of the military 
post at the Dalles, the rank of Brigadier General of 
Washington Territory volunteers. James Tilton was 
appointed adjutant general. Six companies of Oregon 
volunteers were organized under the command of Colonel 
Nesmith, with orders from Governor Curry of Oregon 
to co-operate with the forces of Major Rains. 



82 HISTORY AND GOVERNMENT OF WASHINGTON. 

EVENTS OF 1855. 
EAST OF THE CASCADES. 

139. Major Haller's Expedition. Major Granville 
O. Haller with 84 men left the Dalles October 3d, 
1855, to co-operate with Lieutenant Slaughter, who 
had been sent from Fort Steilacoom to cross the Cas- 
cades by the way of Nahchess Pass. Haller marched 
toward the Atahnam Valley. After having passed 
the timber on the Simcoe Mountains he was attacked 
by the Indians concealed among the willow thickets 
along the banks of a stream called the Topinish. 
The battle lasted two days, when, on account of the 
large force of the Indians, Major Haller was forced to 
retreat, which he did in good order. The Indians 
followed the troops until they passed south of the 
Simcoe Mountains and then returned to the Yakima 
Valley. Lieutenant Slaughter had crossed the Cas- 
cades, and, on hearing of Haller's defeat, he prudently 
returned to the west side of the mountains. It was 
well he did so, for not fewer than 1500 Indians were 
engaged in the battle against Major Haller. 

140. Major Rains' Expedition. Major Rains, with 
350 regular troops, marched from the Dalles on Oc- 
tober 30th, 1855, into the Yakima country. He was 
joined by Colonel Nesmith with four companies of 
Oregon volunteers. They arrived at Haller's battle 
ground on the 7th of November. Here they engaged 
in a skirmish with the Indians, who escaped on their 



INDIAN WARS. ; 83 

fleet horses. Another skirmish took place at Yakima 
Gap, the Indians again retiring before the troops. 
This expedition was fruitless, for the Indians had been 
but little punished, and were ready to renew the war 
at the first opportunity. Leaving a force to build a 
block house. Major Rains returned and reported in 
person to General Wool at Fort Vancouver. Colonel 
Nesmith and the Oregon volunteers went to Old Fort 
Walla Walla, at the mouth of the Walla Walla River. 

141. The Walla Walla Expedition. The Oregon 
volunteers, under command of Lieutenant-Colonel 
Kelly, marched up the Columbia, toward the Walla 
Walla country, in November. They built a fort at 
the mouth of the Umatilla River, and then moved on 
toward the Walla Walla. On the way they were met 
by Peu-peu-mox-mox, ''Le Serpente Jeune,'^ or Yellow 
Serpent, the cunning head chief of the Walla Wallas. 
The troops, suspecting that Yellow Serpent was en- 
deavoring to lead them into an ambush, retained him 
and went into camp at the mouth of the Touchet. 
Here they were attacked by the Indians on the 
morning of December 8th. Yellow Serpent undertook 
to escape, and was shot by 'the guards. The battle 
lasted during the 8th and 9th of December, the Indians 
being defeated with a loss of about 100. This en- 
gagement is sometimes called the ''Battle of the Walla 
Walla," sometimes the "Battle of the Touchet." 
This defeat of the Indians was very important, as it 
opened up the way for Governor Stevens, then on his 
return from the Blackfoot country. 



84 HISTORY AND GOVERNMENT OF WASHINGTON. 

EVENTS OF 1855. 
WEST OF THE CASCADES. 

142. Indian Raids on Puget Sound. While the 
events just related were transpiring east of the Cas- 
cades, the Indians were massacreing the settlers in the 
valleys of the White and Payallup rivers. Several 
families were massacred and others fled to Seattle for 
safety. Captain Eaton, with nineteen; rangers, was 
attacked by the Indians and two of the number were 
killed. All the country from the Sound to the Cas- 
cades was overrun by hostile Indians. 

143. The Battle of Connell's Prairie. November 3d 
a combined force of fifty regulars, under the command 
of Lieutenant Slaughter, and fifty Puget Sound volun- 
teers, under the command of Captain Hays, engaged 
about 200 Indians at Connell's Prairie, on White 
River. The Indians were defeated with a loss of about 
thirty. The Whites lost two, one killed and one 
wounded. 

144. Skirmish on Green River. November 4th the 
forces of Slaughter and Hays engaged in a skirmish 
with the Indians on Green River, in which the Indians 
were again repulsed. One of Lieutenant Slaughter's 
men was killed and four wounded. 

145. Defense of the Lower Sound. November 3d 
a company of volunteers, called the "Northern 
Rangers," was organized on Whidby's Island for the 
defense of the lower Sound country. They were com- 
manded by Captain Isaac N. Ebey, and were stationed 



INDIAN WARS. 85 

in detachments to guard important points on the lower 
Sound, particularly the Snohomish River, the usual 
route of the hostile Yakimos on their expeditions to 
the Sound country. 

146. Death of Lieutenant Slaughter. On the 5th of 
December Lieutenant Slaughter with his command 
occupied the site of the present town of Auburn — 
once named Slaughter. They were attacked by the 
Indians, and Slaughter and two of his men were 
killed. Lieutenant Slaughter was a gallant ofhcer, and 
had rendered valuable services in the defense of the 
settlers. Soon after this the troops were withdrawn 
from the field to the forts and block houses, and the 
campaign of 1855 was ended. 

147. Stevens' Return From the Blackfoot Country. 
When Governor Stevens heard of the Indian outbreak 
he was in the Blackfoot country. He immediately 
started on his return to Olympia, where he arrived on 
the 19th of January, 1856, having passed directly 
through the country of the hostile Indians with but a 
small guard. 



EVENTS OF 1856. 
WEST OF THE CASCADES. 

148. Organization of the "Washington Volunteers. 
When Governor Stevens reached Olympia he issued a 
proclamation calling for volunteers. Soon a force 
was organized and divided into three battalions, called 



86 HISTORY AND GOVERNMENT OF WASHINGTON. 

respectively the Northern, Central, and Southern bat- 
talions, each under the command of a major. 

149. Plan of the Campaign. The plan of the cam- 
paign was to guard the line of the Snohomish with 
the Northern battalion ; to move the Central battalion 
at once into the midst of the Indian country; to op- 
erate with the Southern battalion east of the Cascades. 
Roads and block houses were to be buijt to protect 
the settlers near their homes. During the war 36 
block houses were built by the volunteers, three forts 
and one block house by the regulars, and 23 stock- 
ades and block houses by the settlers. As Governor 
Stevens expressed it in his report to the Secretary of 
War, "The war will be emphatically a war of block 
houses." 

150. Attack on Seattle. After the troops had been 
withdrawn from the field in December, 1855, the 
Indians formed a plan to attack the settlers at Seattle. 
The Yakima chief, Owhi, joined his force of Yakimas 
and Klickitats with those of Coquilton. Seattle was 
but a hamlet then. The available force for its defense 
was about 150 men belonging to the war vessel De- 
catur. The hills upon which the city is built were 
then covered with timber and dense underbrush, af- 
fording concealment for the hostile Indians. On the 
morning of January the 25th, 1856, the town was 
attacked by more than a thousand savages. The 
settlers forewarned, escaped to the block-house, with 
the exception of two, who were killed. Two houses 
were burned and several plundered. All day and into 



INDIAN WARS, 



87 



the night the battle continued. On the morning of 
the 26th it was found that the Indians had given up 
the contest. The war vessel Decatur saved the set- 
tlers. The noted chief, Leschi, was the leader of the 
Sound Indians in this attack. 



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Battle of Seattle, January 25, 1856. 

Permission to use this picture was kindly given by Mr. C. Hanford, 

who owns the copyright. 



151. Second Battle of Connell's Prairie. On the 
19th of January the Central battalion moved from 
Yelm Prairie and established a post at Camp Mont- 
gomery, and on the lOth of March fought the decisive 
second battle of Connell's Prairie. The Indians were 
completely routed and put to flight, having lost about 
thirty killed and many more wounded. This battle 
completely destroyed the combination of the tribes' 
on the west of the Cascades. 



88 HISTORY AND GOVERNMENT OF WASHINGTON. 

152. Incursions of the Northern Indians. The 
northern Indians, taking advantage of the disturbed 
state of affairs on the Sound, caused by the Indian 
war, found opportunity to make raids into the settle- 
ments along the shore of Puget Sound. These raid- 
ers belonged to the Longa Hydah, Stickene, and 
Shineshean tribes, who in large canoes capable of 
carrying seventy-five people each, would appear on 
the Sound at an unexpected moment and kill and rob 
the settlers with impunity. 

153. The Battle of Port Gamble. Captain Swart- 
wout, commander of the U. S, steamer Massachusetts, 
being informed that the northern Indians were com- 
mitting depredations near Steilacoom, proceeded to 
Henderson's Bay, where the marauders had been, but 
gone from there to Port Gamble. Here he found 
them encamped in large force. After several unavail- 
ing attempts to induce the Indians to quit the Sound 
under promise not to return. Captain Swartv^out at- 
tacked the savages and completely defeated them 
with a loss of 2/ killed and 2i wounded. This action 
closed the war on Puget Sound. 



EVENTS OF 1856. 

EAST OF THE CASCADES. 

154. The Attack on the Cascades. On the morning 
of March 26th, 1856, the settlers at the Cascades of the 
Columbia were attacked by the Yakima and Klickitat 



INDIAN WARS. 89 

Indians. Two days and nights the settlers were be- 
sieged, when they were relieved by troops from the 
Dalles under Colonel Wright. 

165. Oolonel 'Wright's Expedition Into the Yakima 
Country. After repulsing the Indians at the Cascades, 
Colonel Wright returned to the Dalles and thence' 
marched to the Yakima Valley. On the 8th of May 
he met the Indians near the Natchess River. Here he 
remained several weeks endeavoring to hold a council 
with Kamiakin, but was not successful. The Indians 
moved away and Colonel Wright returned to the Dalles, 
having accomplished nothing and leaving the hostile 
Indians determined as ever to wage war against the 
settlers. Colonel Wright learned afterward better how 
to deal with Indians, as we shall see in his campaign 
of 1857 i^ eastern Washington. 

156. Oolonel Shaw's Expedition Over the Cascades. 

The war had closed on the Sound, and Governor 
Stevens determined to march a force over the Cas- 
cades according to his original plan and subdue the 
hostile Indians in eastern Washington. Colonel Shaw 
was made commander of the expedition. With a force 
of 175 men of the Central and Southern battalions 
and a pack train of 27 men and 109 pack animals he 
started from Camp Montgomery on the 12th of June. 
On the 22d of June a force of 175 men under cap- 
tains Goff and Williams, with a train of 45 wagons, 
marched from the Dalles up the Columbia to join 
Shaw. These two forces were joined on the 9th of 
July on Mill Creek in the Walla Walla Valley, except 



90 HISTORY AND GOVERNMENT OF WASHINGTON. 

a detachment of 60 men under Captain Goff, who had 
left the train at Umatilla to assist Major Layton of 
the Oregon volunteers in pursuit of a body of Indians 
in the Blue Mountains. 

157. The Battle of Burnt River. Captain Goff joined 
Major Layton, and together they engaged the Indians 
in a canyon on Burnt River, in eastern Oregon, on 
the 1 6th day of July. The battle lasted from early 
morning until 6 o'clock P. M. The Indians were 
defeated. 

158. The Battle of Grand Ronde. On the 14th of 
July Colonel Shaw started from the Camp on Mill 
Creek for the Grand Ronde Valley. On the 17th an 
engagement with a large body of Indians took place 
on the banks of the Grand Ronde River After sev- 
eral hours severe fighting the Indians fled toward a 
rocky canyon leading towards Powder River, through 
which they escaped. All the baggage of the Indians 
was captured. This decisive battle and that of Burnt 
River completely crushed the war spirit of the Indians. 
The coalition of the several tribes was broken and the 
Indians dispersed. Colonel Shaw, with his command, 
returned to the camp at Walla Walla. 

159. Governor Stevens' Second Council at "Walla 
"Walla. Governor Stevens, deeming this a favorable 
time to treat with the Indians, sent word to all the 
tribes, both hostile and friendly, to meet him in coun- 
cil at Walla Walla. Here Stevens met the hostile 
Indians assembled in large numbers, and in no friendly 
mood. None but the brave Stevens would have dared 



INDIAN WARS. 9 1 

to meet such a band of fierce savages under such 
circumstances. The council opened on the nth of 
September and continued on the I2th and 13th, but 
all Stevens' efforts to persuade the Indians to establish 
amicable relations were unavailing. Still he continued 
his efforts until the i/th, but the Indians were im- 
movable. On the morning of the 1 8th Stevens made 
a brief address to the Nez Perce Indians, in which 
he expressed his regrets that he had failed in his 
mission, that no one said "yes" to his propositions, 
and he now had only to say, "follow your own 
hearts; those who wish to go into war, go." 

160. Stevens Attacked by the Indians. On the 19th 
Governor Stevens started for the Dalles. When he 
had gone about three miles he was attacked by the 
Indians about 450 strong. Stevens' force was about 
120. With this small force Stevens fought and de- 
feated the Indians. 

EVENTS OF 1857. 

161. The Indians Still Hostile. The volunteers were 
disbanded near the close of 1856, and the regular 
forces in Washington increased. The Indians were 
still hostile, and remained so during the year 1857. 
The Palouse Indians made a raid into the Walla 
Walla country and drove off the cattle belonging to 
the military post. Colonel Steptoe, the commander of 
the post, determined to punish them for the outrage. 

162. The Battle of Steptoe Butte. On the 6th of 
May, 1857, Colonel Steptoe, with 130 men, marched 



92 HISTORY AND GOVERNMENT OF WASHINGTON. 

toward Snake River. At the mouth of the Alpowa 
the troops were ferried over the Snake by Timothy, a 
friendly Nez Perce chief, who, with a band of his 
own men, accompanied Steptoe northward. On the 
1 8th a thousand Indians attacked Steptoe's command 
of less than one hundred and fifty. The Indians 
came up on all sides. Charge after charge was made 
by the gallant troops to break the circling line of 
yelling savages. Captain Oliver Taylor and Lieuten- 
ant William Gaston were killed and several of their 
men. Here on a prominent butte, or hill, they fought 
all day without water. When night came, guided by 
the friendly Timothy, by a difficult but unguarded 
trail, Steptoe, with the survivors of his command, 
moved silently away and returned to Walla Walla. 
This battle was fought on an eminence since called 
"Steptoe Butte," situated about seven miles from 
the present town of Colfax. 

163. League of the Tribes. The result of the battle 
of Steptoe Butte caused a league of all the powerful 
tribes of eastern Washington. The Yakimas, the Spo- 
kanes, the Palouses, the Coeur d'Alenes, and the hostile 
portion of the Nez Perces immediately formed a con- 
federation to wage war against the whites. They 
became bold and defiant. Small parties of whites 
were attacked in every part of the country. There 
was no safety for white men any place in Washington 
east of the Cascades. The Indians even threatened to 
come down and destroy the military post at Walla 
Walla. The time had come to prosecute the war 



INDIAN WARS. 93 

against the Indians in earnest and teach them a lesson 
which they should not soon forget. 

164. Colonel "Wright's Expedition to Spokane. An 

expedition to the Spokane country was undertaken by 
Colonel Wright. The troops for this expedition were 
assembled at Fort Walla Walla. Contemporaneously 
an expedition was to be made by Major Garnett into 
the Yakima country with a force of 300 men, there to 
establish a post and afterward to co-operate with 
Colonel Wright. The advance of Wright's command 
arrived at the mouth of the Tucannon on August 
nth, where a fort was built and named in honor of 
Captain Taylor, who fell in the battle of Steptoe 
Butte. On the i8th Colonel Wright, with the remain- 
der of his force, arrived at Fort Taylor, crossed Snake 
River and proceeded northward. 

165. The Battle of the Four Lakes. On the 1st of 
September Colonel Weight encamped near the "Four 
Lakes," of which the famous Medical Lake is one. 
Here the Indians had assembled in strong force. 
They were defiant and insolent, and it was evident 
they had determined to attack the troops at this place. 
Colonel Wright brought his whole force into position 
for battle. The Indians massed in the open plain. 
They were so numerous that they "seemed to cover 
the country for some two miles," says an eye witness. 
Mounted on their fleet horses they swayed back and 
forth, yelling their fierce war whoops. Most of them 
were armed with muskets, but some had bows and 
arrows and long lances. The troops moved down the 



94 HISTORY AND GOVERNMENT OF WASHINGTON. 

hill toward the plain. They were armed with the long 
range minie rifles here for the first time used in Indian 
warfare. They began to fire upon the Indians at long 
range, which was so effective that the Indians fled in 
dismay. The dragoons pursued the Indians about 
two miles, killing and wounding many. The Indian 
loss was between fifty and sixty. Not a soldier was 
hurt. The long range minie rifle did it. 

166. The Battle of Spokane Plains. On the 5 th of 
September Colonel Wright marched toward Spokane 
River. On this march the troops were attacked by a 
strong force of Indians. The battle was continued 
for a distance of fourteen miles, fighting all the way. 
There were fi^e hundred Indians engaged, many of 
whom were killed and wounded, the notorious Yakima 
chief, Kamiakin, being among the latter. This engage- 
ment is known as the "Battle of Spokane Plains." 

167. Closing Events of the War. After the battle 
of Spokane Plains Colonel Wright captured all the 
bands of horses belonging to the hostile Indians and 
ordered them shot. This was a crushing blow to the 
Indians. Deprived of their horses they could wage 
war no more. Colonel Wright then held a council 
with the Coeur d'Alenes and the Spokanes, who readily 
entered into a treaty of peace. Qualchen, the mur- 
derer of Agent Bolon, was taken and hanged. Owhi 
was also taken, and upon trying to escape was shot 
by the guard. The death of these leaders of the 
hostiles, and the decisive action of Colonel Wright in 
this campaign, completely subdued the Indians and 



INDIAN WARS. 95 

closed the war. This was the last Indian war in 
Washington. The Indians had felt the power of the 
white man, and learned to respect it. 

SUGGESTIVE QUESTIONS. 

1 . Were the Indians east of the Cascades more 
warlike than those west of that range? Why? 

2. Of what benefit was Dr. Whitman's mission at 
Waiilatpu to Oregon and Washington? 

3. Did the Oregon volunteers do right in aveng- 
ing the death of Whitman? 

4. What effect did the " Cayuse War" have upon 
the Indians? 

5. What trait of character gave Governor Stevens 
so much influence among the Indians? 

6. Was Governor Stevens firm or yielding in his 
negotiations with the Indians? 

7. In what way did Governor Stevens' negotia- 
tions with the Indians differ from those of the ofificers 
of the regular army? 

8. What provocation did the Indians have for be- 
ginning the war of 1856? 

9. How did the services rendered by the navy 
compare with those of the regular army? 

10. Was the manner of the death of Peu-peu-mox- 
mox justifiable? 

11. How did the manner of conducting the war 
west of the Cascades differ from that east of this 
range ? 

12. What is a block-house? A stockade? A fort? 



96 HISTORY AND GOVERNMENT OF WASHINGTON. 

13. Could the Eastern Washington Indians have 
reached the Sound by any pass of the Cascades north 
of the Snoqualmie? 

14. Was it right for the state legislature to change 
the name of the town of Slaughter to Auburn? Why? 

15. Did Governor Stevens act wisely in returning 
from the Blackfoot country overland instead of by the 
way of New York, as advised? Why? 

16. What effect did this have on the Indians? 

17. In what way did the Nez Perce Indians differ 
from the other Eastern Washington tribes? 

18. What was the cause of this? 

19. What makes the " Cascades of the Columbia '' 
an important strategic military point? 

20. Compare Col. Wright's method of dealing with 
the Indians in the Yakima Valley with that at Spokane ; 
which was the wiser? 

21. What effect did the battles of Burnt River 
and Grand Ronde have? 

22. Do the events of the war show the Indians to 
have been brave men? 




ELISHA P. FERRY, 

First Governor of Washington. 



CHAPTER VI. 



STATEHOOD, 



168. Transition From Territory to State. For a 
period of more than ten years prior to admission the 
people of the Territory of Washington had been knock- 
ing at the door of the Union. In 1877 the legisla- 
ture passed an act approved November the 9th, pro- 
viding for a convention to form a constitution for the 
state of Washington. A constitution was duly formed, 
and at the election in 1878 was ratified by a vote of 
6462 to 3231. Delegate Thomas H. Brents intro- 
duced a bill in the 45th Congress to provide for the 
admission of Washington under the constitution of 
1878. This bill failed to pass. Mr. Brents introduced 
a second bill in the 47th Congress for the admission 
of Washington. This bill authorized the people of 
Washington and of the three northern counties of 
Idaho, to hold a convention to form a state constitu- 
tion. These efforts were continued session after ses- 
sion without avail. In 1886 another bill for the 
admission of Washington was presented to Congress. 
This bill provided for a convention to form a consti- 
tution. At the same time a second bill was intro- 
duced for the annexation of the three northern counties 
of Idaho. The legislature of both territories were 
favorable to the annexation. The people of North 

97 



98 HISTORY AND GOVERNMENT OF WASHINGTON. 

Idaho, at an election, voted for annexation by 12 16 
votes to 7, The annexation bill was passed by Con- 
gress, but was vetoed by President Cleveland. 

169. The Enabling Act. Finally, after many at- 
tempts, Congress passed an act called the Enabling 
Act entitled "an act to provide for the division of 
Dakota into two states, and to enable the people of 
North Dakota, South Dakota, Montana and Washing- 
ton to form constitutions and state governments, and 
to be admitted into the union on equal footing with 
the original states, and to make donations of public 
lands to such states." President Cleveland approved 
this act February 22d, 1889. 

170. The Constitutional Convention. The enabling 
act provided for the election of seventy-five delegates, 
who met at Olympia July 4th, 1889, to form a state 
constitution. John P. Hoyt, of Seattle, was elected 
president of the convention, and John I. Booge, of 
Spokane, chief clerk. The convention was in session 
fifty days, and made and adopted a constitution, which 
was ratified by the people at an election held October 
1st, 1889, by a vote of 40,152 to 11,789. 

171. Admission Into the Union. On November 
nth, 1889, President Harrison approved the admission 
of the State of Washington into the Union. After 
patiently waiting more than a decade, the people of 
Washington were granted their petition to become a 
part of the great American Union. 

172. The First State Officers. At the first election 
the Republicans elected all the state officers by about 



STATEHOOD. 99 

8000 majority. Elisha P. Ferry, who had served as 
territorial governor, was elected first governor of the 
state. Charles E. Lawton was elected lieutenant gov- 
ernor; Allen Weir, secretary of state; A, A. Lindsley, 
state treasurer; Thomas M. Reed, state auditor; Robert 

B. Bryan, superintendent of public instruction; W. T. 
Forrest, commissioner of public lands. R. O. Dunbar, 
J. P. Hoyt, T. J. Anders, T. L. Stiles and Elmer Scott 
were elected judges of the Supreme Court. 

173. The First Representative to Congress. When 
Washington was admitted into the Union she was 
entitled to only one representative to Congress. John 
L. Wilson, of Spokane, was elected to this office, re- 
ceiving 34,039 votes, against 24,492 votes for Thomas 

C. Griffitts, the Democratic nominee. Mr. Wilson was 
re-elected in November, 1890, receiving 29,153 votes, 
against 22,831 votes for Thomas Carroll, the Demo- 
cratic nominee. 



174. Location of the State Capital. The location of 
the state capital was submitted to the people, who at 
the first election cast 25,490 votes for Olympia, 14,718 
for North Yakima, 12,883 ^^r Ellensburg, and 1088 
votes for other places. None having a majority of 
the votes cast, the seat of government remained at 
Olympia, where it had been since the organization of 
the territory. At the next general election the ques- 
tion was again submitted to the people, and Olympia 
was chosen as the permanent capital of the state. 



lOO HISTORY AND GOVERNMENT OF WASHINGTON. 

GOVERNOR FERRY'S ADMINISTRATION. 

1889 TO 1893. 

175. Inauguration of the State Officers^ On No- 
vember 1 8th, 1889, the state officers were inaugurated 
and the State of Washington was thereby completely 
endowed with all the functions of state government. 
The first state administration was a period of general 
prosperity, and the great natural resources of the 
new state were rapidly developed during the time. 

176. The Fu-st United States Senators. On the 
19th of November, 1889, the legislature elected John 
B. Allen, of Walla Walla, and Watson C. Squire, of 
Seattle, the first United States Senators for the state 
of Washington. Both were Republicans. Mr. Squire 
drew the short term, expiring March 3d, 1 891, and 
Mr. Allen, the long term, expiring in 1893. In 
January, 1891, Mr. Squire was re-elected senator for 
the full term of six years, expiring March 4th, 1897. 

177. Election of State Officers. At the election in 
1892 John H. McGraw, of Seattle, was elected gov- 
ernor; F. H. Luce, of Davenport, lieutenant governor; 
James H. Price, of Tacoma, secretary of state; L. R. 
Grimes, of Ellensburg, state auditor; O. A. Bowen, 
of Skamokawa, state treasurer; W. T. Forrest, of 
Chehalis, commissioner of public lands; W, C. Jones, 
of Spokane, attorney general; C. W. Bean, of Colfax, 
superintendent of public instruction; O. C. White, of 
Olympic, state printer. They were all Republicans, 
and were elected by an average plurality of 6790 votes. 



STATEHOOD. 10 I 

GOVERNOR McGRAVV'S ADMINISTRATION. 

1893 TO 1897. 

178. The Inaugnration of State Officers. The state 
officers elected were inaugurated January nth, 1893. 
During Governor McGraw's administration the state 
advanced rapidly in wealth and the development of 
its resources and state institutions. The foundation 
of the new capitol building was laid, the new uni- 
versity building was constructed, and transportation 
lines, both by railway and by water, established. The 
rich mines of the state were developed, and several 
important manufactures at various places in the state. 

179. Balloting' for United States Senator. The 
legislature began to ballot for a United States senator 
to succeed John B. Allen on January iSth, 1893, 
which resulted in a "deadlock." This was caused 
by a division in the Republican members, a part sup- 
porting John B. Allen for re-election, and a part vot- 
ing for George Turner, a Republican of Spokane. 
The balloting was continued until March 9th. 10 1 
ballots were taken without a choice, then the leg- 
islature adjourned. After the adjournment of the leg- 
islature Governor McGraw appointed John B. Allen 
United States Senator. He was clearly the choice of 
a majority of the Republicans, but the Senate refused 
to accept the appointment, and the state of Wash- 
ington had but one United States senator until 1895, 
when John L, Wilson, of Spokane, was elected. 

180. Election of Representatives to Congress. At 

the election in 1892 John L. Wilson was re-elected 



103 HISTORY AND GOVERNMENT OF WASHINGTON. 

representative to Congress, and as the state had been 
granted another representative, W. H. DooHttle, of 
Tacoma, was elected to the office. At the election 
in 1894, Doolittle was re-elected, and Samuel C. Hyde, 
of Spokane, was elected to take Wilson's place, who 
was now a senator. 

181. Election of State Officers. At the general 
election held on November 3d, 1896, there was a 
fusion of the Free Silver Democrats, the Populists 
and the Free Silver Republicans, who succeeded in 
electing their entire state ticket. John R. Rogers, of 
Puyallup, was elected governor; Thurston Daniels, of 
Clarke County, lieutenant governor; Will D. Jenkins, 
of Whatcom, secretary of state; Neal Cheatham, of 
Whitman County, state auditor; C. W. Young, of 
Whitman County, state treasurer; Robert Bridges, of 
Seattle, commissioner of public lands; Patrick H. 
Winslon, of Spokane, attorney general; Gwinn Hicks, 
of Olympia, state printer; Frank J. Browne, of Seattle, 
superintendent of public instruction. 

182. Election of Representatives to Congress. At 
the general election in November, 1896, James Ham- 
ilton Lewis, a Free Silver Democrat of Seattle, and 
W. C. Jones, a Free* Silver Republican of Spokane, 
were elected representatives to Congress. 

GOVERNOR ROGERS' ADMINISTRATION. 

1897 

183. Inauguration of State Officers. January 13th, 
1897, the new state officers were inducted into office 



STATEHOOD. IO3 

in the usual manner, and the state government passed 
from the hands of the RepubHcans, who had been in 
control since the admission of the state. 

184. Election of United States Senator. The fifth 
legislature of Washington convened at Olympia on the 
the I ith day of January, 1897. The fusion party held 
the majority and began to ballot for the successor of 
Senator Squire. A dead-lock resulted, which was 
broken after 25 ballots had been taken, resulting in 
the election of George Turner, a Free Silver Republican 
of Spokane. 

PROGRESS OF THE STATE. 

185. Population of "Washington. In 1880 the na- 
tional census showed Washington Territory to have a 
population of 75,116. According to the census taken 
in 1890 the state had a population of 349,390. In 
1880 Washington Territory stood number 42 among 
the 47 states and territories in regard to population. 
In 1890 Washington was number 34 in the 49 states 
and territories in population, having gained eight 
places in rank in ten years, more than any other 
state or territory. This remarkable increase in popu- 
lation has continued since the last national census. 

186. Important Commercial Events. Several im- 
portant commercial events have transpired since the 
admission of the state. In 1892 the Great Northern 
Railway from St. Paul, Minnesota, to Seattle, was com- 
pleted, and the same year a line of ocean steamers 



I04 HISTORY AND GOVERNMENT OF WASHINGTON. 

was established between Hong Kong, China, and Ta- 
coma. During the year 1892 the Northern Pacific 
Company completed a branch line from Chehalis, in 
Lewis county, to South Bend in Pacific county, and 
another branch from Centralia to Gray's Harbor. 
In 1896 a line of steamships was established between 
Japan and Seattle, called the Nippon Yusen Kaisha. 
These enterprises bring the Occident and Orient into 
close commercial relations, and are of inestimable 
value to the interests of the state of Washington. 

187. Trade with Alaska. An important trade be- 
tween Alaska and the cities on Puget Sound has been 
built up and is growing in importance each year. The 
ports of the Sound are the natural entreposts for 
the Alaska trade. Since the discovery of the rich 
gold fields of the Klondike on the Upper Yukon, 
the trade with Alaska has increased an hundredfold. 

188. Agricultural Interests. Eastern Washington 
is the finest wheat growing region in the United States. 
The wheat fields of Walla Walla Valley and the Pa- 
louse country are unsurpassed for the amount pro- 
duced per acre and the quality of the grain. The 
Lower Sound country is noted for the immense crops 
of oats produced. The state of Washington leads the 
world in the production of hops, both in the quality 
and the amount produced per acre. All the fruits 
and grains of the temperate zone grow luxuriantly in 
Washington. 

189. The Lumber Industry. In the amount of 
lumber produced Washington excels any other state 



STATEHOOD. I05 

In the Union. The forests of fir and cedar growing 
in the Puget Sound basin, and on the west slope of 
the Cascades, are almost inexhaustible. ■ The fir 
timber is most excellent in quality, much used for 
shipbuilding. The cedar makes the best quality of 
shingles. Washington has in her ports along the 
Sound the largest and best equipped sawmills, at 
which vessels load lumber for all parts of the world. 

190. Shipbuilding-. The interests of shipbuilding 
has steadily increased in the state, and is destined to 
become of great value in the near future. In the sev- 
eral shipyards on the Sound many vessels are annually 
constructed. The Moran Brothers at Seattle are at 
the present time (1897) engaged in building two steel 
vessels for the United States government, 

191. The Fish Industry. The fish industry of 
Washington is very valuable commercially to the state. 
The Sound and the bays of the west coast and the 
rivers abound in fish of many kinds and of excellent 
quality for food. The salmon of the Columbia River 
is the finest food fish produced. The canning in- 
dustry has grown to be of great value. Many hali- 
but, cod, oysters, clams, shrimps and other kinds of 
fish are annually taken in the waters of Washington. 
Olympia oysters are noted. Washington also carries 
on an important seal fishery in Behring Sea. 

192. Mining-. In the number and value of her 
mines Washington takes high rank among the states. 
The precious metals are produced in many parts of 
the state, and the valuable metals, coal and iron, are 



I06 HISTORY AND GOVERNMENT OF WASHINGTON. 

found in the Cascades and the foot-hills in large quan- 
tities. Coal mining in western Washington has become 
a great industry, and furnishes employment to many 
people. 

193. Manufacturing. During the last decade fac- 
tories have sprung up all over the state. The many 
natural resources within her borders are sure to make 
Washington a great manufacturing state in the near 
future. The manufactures of the state consist of 
lumber, shingles, wooden implements, paper, iron im- 
plements, and others in great variety. 

194. Life-Saving Stations. The noblest institutions 
of our government are those established for saving the 
lives of mariners. Three life-saving stations have been 
established on the southwest coast of Washington, one 
on Willapa Harbor, one at Ilwaco Beach, and one 
near Cape Hancock, on Baker's Bay. Another is now 
being constructed near Westport, on Gray's Harbor. 

195. Size of the State. The state of Washington 
has an area of 69,994 square miles — 44,796,160 acres. 
The shore line from Cape Flattery to the Columbia 
River is 170 miles, the distance direct being 156 
miles. The inside shore line is 1992 miles. 

196. The "Evergreen State." The history of this 
young but vigorous commonwealth of the Pacific has 
now been presented for the benefit of the youths, 
who must soon take their places in the management 
of its government, an outline of which constitutes the 



STATEHOOD. lO^ 

second part of this volume. It is hoped that they 
may from the study of the history of their state ob- 
tain the knowledge and zeal to enable them to perform 
their duties well as citizens. It has been the custom 
in the United States to confer pet names upon the 
several states. When Washington was admitted into 
the Union some one suggested that she be called the 
"Sunset State." Another suggested "Bunch Grass 
State," but finally, by common consent, the very ap- 
propriate name, "Evergreen State," was adopted. 

SUGGESTIVE QUESTIONS. 

1. What benefits did the people of Washington 
attain by the change from the territorial to the state 
government? 

2. Why did President Cleveland veto the annexa- 
tion bill? 

3. What must the people of a territory guarantee 
before attaining state government? 

4. What remarkable historical coincidence of name 
and date is connected with the admission of Wash- 
ington ? 

5. Was the location of the state capital at Olympia 
a wise choice? Why? 

6. What can be said in favor of North Yakima 
for state capital? Ellensburg? 

7. What do the "dead locks" in the legislature 
in the sessions of 1893 and 1897 teach? 

8. What caused the rapid growth of population in 
Washington during the decade 1880- 1890? 



I08 HISTORY AND GOVERNMENT OF WASHINGTON. 

9. In what natural resources does Washington excel 
every other state? 

10. What are the duties of the keeper of a life- 
saving station? 

11. Why was Washington called the "Evergreen 
State"? 



PART II. 

GOVERNMENT OF WASHINGTON. 

CHAPTER VII. 
GENERAL PRINCIPLES OF GOVERNMENT. 

197. Origin of Government. Man by nature is 
gregarious. It is not natural in man to be a hermit. 
Society is necessary for human happiness. Govern- 
ment had its origin in the requirements of civil society. 
Some form of government has existed since the be- 
ginning of the human race. A child is born subject 
to the government of its native country. 

198. Necessity of Government. If all men were 
disposed to do right and act justly with their fellow- 
man, government would be unnecessary. But history 
teaches and experience shows that some men will not 
regard the rights of their neighbor and deal justly 
with him; hence government is necessary to restrain 
such men in their evil actions, and to guarantee to all 
protection in the enjoyment of their rights. 

199. Objects of Government. Government exists 
not for the pleasure of the ruler, but for the benefit 
of the governed. Hence the objects of government 

ICQ 



no HISTORY AND GOVERNMENT OF WASHINGTON. 

are to secure to the citizens living under it the exer- 
cise of all the rights and privileges belonging to them 
by nature, and to protect those disposed to do right, 
and punish those who do wrong. 

200. Forms of Government. Usually writers enum- 
erate but three forms of government : ( i ) Monarchy, 
(2) aristocracy, (3) democracy. But in this book we 
will divide governments into six kinds, presented in 
the order of their origin or use as the human race 
advanced in civilization. These six forms of govern- 
ment are: (i) Theocracy, (2) patriarchal, (3) tribal, 
(4) aristocracy, (5) monarchy, (6) democracy. 

201. Theocracy. This form of government, as the 
name implies, is a government by God. Adam and 
Eve in the Garden of Eden wxre governed by theoc- 
racy. Theocracy is the oldest form of government. 
The government of the Jews was a theocracy admin- 
istered by priests. Early Mohammedanism was theo- 
cratic. While the Papal states of Italy were under 
the dominion of the Pope, their government was a 
theocracy. Mormonism is a theocracy. 

202. Patriarchal Government. This form of gov- 
ernment is one administered by the father of a family. 
Next to theocracy, it is the oldest form of govern- 
ment. Abraham, Isaac and Jacob were patriarchs, 
and ruled over their families of many persons. 

203. The Tribal Form. The patriarchal form of 
government gradually merged into the tribal form, 
which is a combination of families under the govern- 



GENERAL PRINCIPLES OF GOVERNMENT. Ill 

ment of a chieftain. The clans of Scotland were tribal 
forms of government, the rulers of which were patri- 
archs of some prominent family who became chiefs of 
the clans. The Indians of America were formerly 
governed by the tribal form of government. 

204. Aristocracy. An aristocracy is a government 
administered by a few persons endowed with what is 
called nobility and the power of ruling the people. 
Formerly the governments of Genoa and Venice were 
aristocracies. Experience proves that an aristocracy 
is the worst form of government. 

205. Monarchy. A monarchy is a government by 
one person, usually a king or queen. This forrn of 
government is the strongest kind, and, if all monar- 
chal sovereigns were good and just rulers, this form 
would be the best, but history teaches that some 
monarchs are tyrannical, and, therefore, this form of 
government is gradually being replaced among the 
civilized nations of the earth by republican forms, for 
example — the great nation of France, formerly a mon- 
archy, has been since 1870 a republic. Monarchies 
are of two kinds, (i) absolute; (2) limited, or con- 
stitutional. The power of the ruler of an absolute 
monarchy is unlimited. His pleasure is the law. The 
Czar of Russia is an absolute monarch. The power 
of the sovereign of a limited monarchy is modified by 
a constitution restricting his actions. The government 
of Great Britain is a limited monarchy. 

206. Democracy. A democracy is a government 
by the people. The sovereignty of a democratic form 



112 HISTORY AND GOVERNMENT OF WASHINGTON. 

of government is vested in the people who administer 
the laws either directly or indirectly. Hence, there 
are two forms of democracy, (i) pure democracy; 
(2) representative democracy, or republic. In a pure 
democracy all the people assemble to make, interpret 
and execute the laws. This form of government is 
practicable only in small districts. Some of the early 
settlements of New England had pure democratic gov- 
ernments. Perhaps a really pure democracy does not 
now exist. A republic is a form of government ad- 
ministered by the representatives elected by the people. 
The governments of Switzerland and France in Europe, 
most of the South and Central American govern- 
ments, Mexico and the United States, are republics. 
Experience teaches that a democracy is the best form 
of government ever devised. 

207. Anarchy. There is a condition, not govern- 
ment, called anarchy, which means governed by none, 
or absence of all government. None but the vicious 
and licentious advocate anarchy. A state of anarchy 
would degrade civilization into barbarism. In a re- 
publican form of government there is always danger 
that ignorant and vicious men, led on by designing 
demagogues, may mistake their privileges of personal 
liberty, enjoyed to a high degree under such govern- 
ments, for license to disregard law and order, and 
this, if not checked, will result in anarchy. Liberty 
is not freedom to do as one wills without regard to 
the rights of others. The greatest liberty is the pro- 
tection of the rights of a people by good and whole- 



GENERAL PRINCIPLES OF GOVERNMENT. II3 

some laws administered justly under a free government. 
The safeguard of republics is the free public school. 

208. Law. Law is a rule of action. The law 
forbids wrong actions and commands right actions. 
Law is the basis, or foundation of government. The 
several kinds of law are (i) divine law; (2) interna- 
tional law; (3) constitutional law; (4) municipal law. 

209. Divine Law. Divine law is the law of God. 
It is also called the moral law and the law of nature. 
Man owes his first allegiance to divine law. All other 
laws should conform to divine law. No one should 
obey any law contrary in principle to the divine law. 
One's conscience is the judge. Furthermore, divine 
law is the basis of all other kinds of law. 

210. International Law. Next to divine law in 

importance stands the law of nations. International 

law consists of the well established customs which 

govern nations in their intercourse with one another. 

International law comprises the various principles of 

common law recognized by all civilized nations as rules 

of action to be observed and practiced by all nations. 

Treaties between nations belong to this species of law. 

• 

211. Constitutional Law. A constitution embraces 

a system of fundamental laws for the government of 
a state or nation. A constitution usually defines the 
form of government and extent of its powers. Con- 
stitutions may be written or unwritten. The constitu- 
tion of the United States and the constitutions of 
the several states are written. That of Great Britain, un- 



114 HISTORY AND GOVERNMENT OF WASHINGTON. 

written, yet the principles of the British constitution 
are as well known and as closely observed as those 
of our own state and nation. 

212. Municipal Law. The prescribed laws made 
for the government of the people of a state or its 
divisions, are called municipal laws. Municipal laws 
consist of two kinds, (i) common, or unwritten law; 
(2) statute, or written law. 

213. Common Law. Common law consists of all 
those customs, rules and maxims which have been in 
use from time immemorial. In technical language, 
"the memory of man runneth not to the contrary," 
i. e., when the particular custom, rule, or maxim did 
not prevail. Common law consists largely of judicial 
decisions. 

214. Statute Law. The enactments of the legis- 
lative department of a government constitute what is 
called statute law. Statute law may be found in the 
printed codes of the several states. 

215. Departments of Government. Government 
consists of three departments, (i) legislative; (2) 
executive; (3) judicial. In some forms of govern- 
ment these three functions are vested in one person 
or body, but in a republic they usually consist of 
three distinct bodies. Such is the case in the United 
States general government and also in the several 
state governments. Laws are made by the legislative 
department, interpreted by the judicial department, 
and enforced, or administered by the executive de- 
partment. 



GENERAL PRINCIPLES OF GOVERNMENT. II5 

216. Divisions of the State. For the purposes of 
local government a state is divided into counties or 
towns, sometimes called townships. In some of the 
states of the Union the county is the unit of govern- 
ment; in some the town, or township is the unit, 
while some states have both the township and the 
county, forming what is called a mixed system of 
local government. These divisions had their origin 
in the divisions of the4 territory of England into 
counties, counties into hundreds, hundreds into tith- 
ings or towns. The states having the town as the 
unit of government, have followed the system of Mass- 
achusetts. Those having the county as unit, have 
followed Virginia. Those having the mixed system, 
have followed New York and Pennsylvania. For a 
complete discussion of this topic, see Hinsdale's 
American Government. The county is the unit of 
government in the state of Washington. The state 
constitution makes provision for local option township 
organization. [See section 4 of article Xi.] Several 
counties have voted upon the question of township 
organization, but it has failed to carry in every in- 
stance. Perhaps on account of the natural features of 
the country the county . will always remain the unit of 
local government in the state of Washington. 

217. The Government of Washington. Every per- 
son in the state of Washington is subject to at least 
three systems of government, and may be subject to 
six. The three systems are: (i) The general or 
United States government, (2) the state government. 



Il6 HISTORY AND GOVERNMENT OF WASHINGTON. 

(3) the county government. The six systems arranged 
in the order of treatment in this book are : ( i ) The 
family, (2) the school, (3) the city or town, (4) the 
county, (5) the state, (6) the United States. Each 
of these except the last* will form the subject of a 
subsequent chapter and complete our analysis of the 
government of Washington. 

SUGGESTIVE QUESTIONS. 

1. Is government of divine or human origin? Why? 

2. What are the natural rights of man? 

3. How do we distinguish between right and 
wrong ? 

4. Are men happier in a civilized state than in a 
state of barbarism? Why? 

5. Is theocracy a good form of government? Why? 

6. Does the patriarchal form of government now 
exist? If so, where? 

7. Does the tribal form now exist? If so, where? 

8. Under what conditions would an aristocracy be 
a good form of government? 

9. Why is a monarchy the strongest form of gov- 
ernment? 

10. Is a republic a better form of government 
than a limited monarchy? Why? 

11. Does a pure democracy now exist? If so, 
where ? 

12. Why is a democracy, or republic the best form 
of government? 



*The last system constitutes the subject of Part III. 



GENERAL PRINCIPLES OF GOVERNMENT. I IJ 

13. What is true liberty? Has a man the right to 
do as he pleases? 

14. Why is the free public school the safeguard 
of a republic? 

15. Why is law the basis of government? 

16. Should a man obey a bad law? Why? 

17. Why should all other laws conform to divine 
law? 

18. What is the penalty for the violation of inter- 
national law? How administered? By whom? 

19. Which is the better, a written or an unwritten 
constitution? Why? 

20. Is it wise to enact a voluminous code of 
municipal laws? What should govern the limit in such 
enactments ? 

21. Can a common law be repealed? How? 

22. Why should the three departments of govern- 
ment be separate, or distinct bodies? 

23. Wliat caused the county to be made the unit 
of local government in the state of Washington? 

24. What natural features and what conditions 
will probably prevent township organization in the 
state of Washington? 

25. What residents of Washington live under three 
systems of government? Four? Five? Six? 

QUESTION FOR DEBATE. 

Resolved^ That the township system of local gov- 
ernment should be adopted in the state of Washington. 



CHAPTER VIII. 
THE FAMILY. 

218. The Basis of Civilization. The family is the 
basis of civilization and the foundation of civil govern- 
ment. The first government of which a person is 
subject is that of the family. Happy is the child 
reared in a well-governed family. The ruler, or head 
of the family should be a wise legislator, a just judge 
and a prompt executor, for upon him devolve these 
three functions of government. The head of the fam- 
ily should be a well-educated person. The better the 
family government, the better will be the government 
of the school and of the state. 

219. Importance of the Family. The importance of 
the family cannot be overestimated. Our high state 
of civilization depends more upon the family relations 
than upon those of any other agency. A social sys- 
tem which disregards the family organization is a bad 
one. Moreover, the family Is the unit proper of civil 
government and must be sacredly cherished if we 
desire the perpetuity of our free institutions. 

220. Orig-in of the Family. The family had its 
origin in the civil ceremony of marriage, which has 
existed since the dawn of civilization. Marriage is a 
sacred rite, and Is always solemnized by a minister of 

ii8 



THE FAMILY. I 19 

the Gospel or a civil magistrate authorized by law to 
perform the ceremony. 

221. Members of the Family. The members of the 
family are the parents or rulers, and the children or 
subjects who remain under the parental care and con- 
trol until the legal age of majority, which in the 
state of Washington is twenty-one years for boys, and 
eighteen years for girls. 

222. Duties of Parents. The duties of parents to- 
ward their children consist of (i) maintenance, (2) 
protection, (3) education. The duty of a parent to 
provide for the maintenance of his children is founded 
on the law of nature. He who fails to support his 
children is an unnatural parent. Protection is also a 
natural duty of the parent toward his children, and 
he is as -justifiable in his actions in defending his child 
from harm as in defending himself. The natural law 
of maintenance and protection of offspring belongs to 
the entire animal kingdom. It is the duty of a parent 
to see that his children are properly educated, and 
he who neglects the education of his children neglects 
not only a natural duty towards his child, but also 
neglects his duty as a good citizen. Parents, "Train 
up your child in the way he should go, and when he 
is old he will not depart from it." 

223. Duties of Children. The duties of children 
towards their parents consist chiefly of moral obliga- 
tions. It is the duty of a child to love, respect and 
obey his parents during the period of his minority. 
Love and respect for his parents are duties of a child, 



I20 HISTORY AND GOVERNMENT OF WASHINGTON. 

also after he has attained his majority, and should 
continue through life. He is an unnatural child who 
forgets his father and mother. "Honour thy father 
and thy mother, that thy days may be long upon the 
land which the Lord thy God giveth thee." 

224. Influence of the Family. The influence of the 
family is far reaching. It goes out from the hearth- 
stone into all the vocations of life; into the fields, the 
workshop, the factory, the counting-house, the court 
of justice, the legislative hall, the bar, the pulpit and 
the teacher's desk. A man is sure to reflect the 
family influences in all the actions of his life unless 
these influences have been counteracted by others. 
In our intercourse with our fellows it is easy to distin- 
guish one reared under good family influences from 
one reared under bad. As the family is the founda- 
tion of civil government, so is its influence for good 
or bad felt in all administrations of civil affairs. Let 
us now examine some of the good influences of fam- 
ily government when rightly administered. 

225. Submission to Authority. He is .not fitted to 
govern others, who has not learned to govern him- 
self. And as every person some time during his life 
is liable to be placed in the position of a ruler, it is 
necessary that he learn to submit to authority, that he 
may prepare himself to perform the functions of a 
ruler when so required to do. Every child should 
learn this important duty, in order to become a good 
citizen. Every well-governed family has its rules of 
action which all the members of the family should 



THE FAMILY. 121 

observe and obey. Thus the family is society in min- 
iature, a state in embryo. Submission to authority 
should be most thoroughly inculcated in the govern- 
ment of the family. 

226. Habits of Industry. An idle citizen is a bad 
citizen. Idleness is said to be the mother of vice. 
There is always some mischief for idle hands to do. 
Indolence is almost sure to lead one into bad habits. 
Industry is a moral duty. A well-governed family 
teaches habits of industry. Each member of the fam- 
ily should be taught that he has a duty to perform 
in working out the problem of existence. The child 
should learn to labor with mind and hand under the 
paternal roof. This will fit him to work out the diffi- 
cult problems of life, sure to confront him, and also 
prepares him in one of the attributes of good citizen- 
ship — industry. 

227. Duties of Citizenship. The government of the 
family, when properly administered, teaches by exam- 
ple all the duties of citizenship. A good parent in- 
culcates in the mind of his child all those duties 
which he owes to civil authority. Patriotism, and not 
anarchy, is the result of good family government. 

SUGGESTIVE QUESTIONS. 

1. Why should the head of a family be an edu- 
cated person? 

2. Is the family a divine or a human institution? 
Why? 

3. Why is the family called the unit of civil gov- 
ernment? 



122 HISTORY AND GOVERNMENT OF WASHINGTON. 

4. Is the rite of marriage of divine or human 
origin? Why? 

5. What moral lessons have you learned from your 
mother? 

6. What effect does the life of a father of bad 
habits have upon his children? 

7. Why should a parent educate his children? 

8. Why should a child obey his parents? 

9. Are children who disobey their parents apt to 
make good citizens? Why? 

10. What are some of the restraints of a well- 
governed family? 

1 1 . Why should a child love and respect his par- 
ents? 

12. Is it possible that a child can forget. the good- 
ness of his mother? 

13. Can a child ever repay his parents for their 
care and protection? How? 

14. How can we distinguish a person reared 
under good family influences from one reared under 
bad? 

15. What are some of the rules of action which 
should be adopted for the family government? 

16. Why is an idle citizen a bad one? 

i/. Why should all persons be industrious? 

18. Why does a good parent inculcate in the 
mind of his child all the duties which he owes to civil 
authority? 

19. What is patriotism? 

20. How does the welfare of all government de- 
pend upon the family government? 



THE FAMILY. I23 



QUESTION FOR DEBATE. 

Resolved, That the cause of temperance has been 
benefited more by family influence than by that of 
any other agency. 

SUBJECTS FOR ESSAYS. 



The Family, a Divine and Human Institution. 
The Family as a Basis of Social Order. 
The Family and its Individual Members. 
The Family and Property. 
The Family as a Social Institution. 



CHAPTER IX. 
THE SCHOOL. 

228. Necessity of Education. A noted American 
once said: "We must educate, we must educate, or 
we must perish by our own prosperity." This utter- 
ance W3.S made by a wise man, who saw that in a 
republican form of government it is essential that 
there be a general diffusion of knowledge among the 
citizens. Self-government is impossible without intelli- 
gence. Hence it is the duty of the state to provide 
for the education of her youths. The system of pub- 
lic schools is maintained for the purpose of preparing 
the youths of the state for citizenship. 

229. The Second System of Government. When 

the child enters the public school he becomes ac- 
quainted with his second system of government. The 
public school is governed by a code of school laws 
enacted by the state legislature and administered by 
the school officers and teachers, who stand zn loco 
parentis. 

230. School Officers. The management of the 
common school system of Washington is entrusted to 
three classes of officers: (i) District school officers, 
(2) county school officers, (3) state school officers. 
The district officers are: (i) Directors, (2) clerk. 

124 



THE SCHOOL. 12$ 

The county school officers are : ( i ) County superin- 
tendent, (2) the county treasurer. The state school 
officers are: (i) The state board of education, (2) 
the superintendent of public instruction, (3) board of 
higher education. 

SCHOOL DISTRICTS. 

231. The Unit of the System. Each county of the 
state is divided into school districts, designated by 
numbers. The district is the unit of the common 
school system. 

232. Organization of New Districts. New districts 
may be organized by the county superintendent upon 
the petition of at least five heads of families residing 
within the limits of the proposed new district. 

233. Change of District Boundaries. The bounda- 
ries of a district may be changed by the county 
superintendent upon a petition signed by a majority 
of the heads of families residing in the territory which 
it is proposed to transfer or include. 

234. WTiat is a Common School? A common school 
as defined by the school law of Washington is a school 
maintained at public expense in a school district 
under the supervision of a board of directors. 

235. WTio are Admitted? All children between the 
ages of six and twenty-one years, residing in the 
school district, are admitted to the common school. 
The board of directors have power to admit non- 
resident pupils to the school. 



126 HISTORY AND GOVERNMENT OF WASHINGTON. 

236. Branches of Study Taught. The branches of 
study prescribed for the common school are reading, 
orthography, penmanship, written and mental arithme- 
tic, geography, English grammar, physiology and 
hygiene, with special reference to the effects of alco- 
holic stimulants and narcotics on the human system, 
history of the United States. The state board of 
education have power to prescribe other studies. At- 
tention is given to the cultivation of manners, to the 
laws of health, physical exercises, ventilation and tem- 
perature of the school-room, and not less than ten 
minutes each week to teaching kindness to all living 
creatures. All branches are taught in the English lan- 
guage. 

237. The School Day. The school day is six 
hours in length, exclusive of any intermission at noon. 
The board of directors have power to prescribe a 
shorter school day of not less than four hours. A 
teacher may dismiss any or all pupils under eight 
years of age, after an attendance of four hours ex- 
clusive of an intermission at noon. 

238. Holidays. The public schools are closed on 
Saturdays and the following legal holidays : Sunday, 
New Year's Day, Lincoln's Birthday, Washington's 
Birthday, Decoration Day, Fourth of July, Labor Day, 
Christmas Day, and any day on which a general elec- 
tion is held throughout the state, and any day desig- 
nated by proclamation of the chief executive as a legal 
holiday or a day of thanksgiving. 

239. The School Month. A school month consists 
of twenty school days, or four weeks of five days each. 



THE SCHOOL. 12^ 

240. The School Year. The school year in Wash- 
ington begins on the first day of July, and ends on 
the last day of June. 

241. Minimum Length of Term. All districts in the 
state must maintain school at least three months each 
year. All graded districts in incorporated cities and 
towns must maintain school at least six months each 
school year. 

242. Compulsory Attendance. All children between 
the ages of eight and fifteen years are compelled by 
law to attend school at least three months in each 
school year. Parents and guardians, for the violation 
of this provision of the law, are subject to a fine of 
not less than ten nor more than twenty-five dollars. 

TEACHERS AND PUPILS. 

243. Functions of the Teacher. The teacher takes 
the place of the parent during the hours the child is 
in attendance at school. The teacher is relieved from 
the legislative function of government to a great extent 
by the school laws and the rules and regulations pre- 
scribed by the state board of education. He is free, 
however, to make any rule for the government of the 
school not conflicting with these rules and regulations 
or the school law. Next to the parent the influence 
of the teacher over the child is greater than that of 
any other person. He should never forget that he is 
in loco parentis. The pupil should also remember it. 



128 HISTORY AND GOVERNMENT OF WASHINGTON. 

244. A Legally Qualified Teacher. A legally qual- 
ified teacher is one who holds a certificate to teach, 
granted by the superintendent of public instruction, or 
a temporary certificate granted by the county superin- 
tendent, or a state certificate, or a life diploma granted 
by the state board of education. 

245. Duties of the Teacher. The duties of the 
teacher are numerous. Here are some of them, se- 
lected from the school law and the rules of the state 
board of education: 

( 1 ) To keep a register and make reports to the 
county superintendent. 

(2) To teach morality and patriotism. 

(3) To attend the teachers' institute held in the 
county. 

(4) To follow the prescribed course of study. 

( 5 ) To enforce the rules and regulations of the 
state board. 

(6) To be responsible for the care of school prop- 
erty. * 

(7) To prepare and post conspicuously a pro- 
gramme of daily exercises. 

(8) To exercise watchful care over the conduct 
and habits of the pupils. 

(9) To maintain strict order and discipline in the 
school. 

(10) To give vigilant attention to the temperature 
and ventilation of the school room. 

(11) To require regular exercises in composition 
and declamation. 



THE SCHOOL. 



29 



246. Duties of the Pupils The following duties of 
the pupils are condensed from the rules prescribed by 
the state board of education: 

( 1 ) To be punctual and regular in attendance at 
school. 

(2) To conform promptly to all rules of the 
school. 

(3) To be diligent in study. 

(4) To be respectful and obedient to teachers. 

(5) To be kind and obliging to schoolmates. 

(6) To go directly home from school as soon as 
dismissed. 

(7) To give attention to personal neatness and 
cleanliness. 

DISTRICT SCHOOL OFFICERS. 

247. School Directors. The directors are the exec- 
utive officers of the district, and have control and 
management of all its affairs. The board of directors 
consists of three members elected for three years, one 
at each annual school election held on the second 
Saturday in June. The term of office of each director 
begins on the first Monday in July following his elec- 
tion. School directors serve without compensation, 

248. District Clerks. A district clerk is elected in 
each district at each annual school election. He 
holds the office one year, beginning on the first Mon- 
day in August following his election, and until his 
successor is elected and qualified. He is secretary of 
the board of directors and the book-keeper of the 



130 HISTORY AND GOVERNMENT OF WASHINGTON. 

district. His compensation is determined by the board 
of directors, except for taking the school census, for 
which he is paid three dollars per day. 

GRADED SCHOOLS IN CITIES AND TOWNS. 

249. A City or To"Wti Constitutes One District. Each 
incorporated city or town in the state forms a single 
school district, and is under the control of one board 
of directors. The limits may include territory not 
within the corporate limits of the city or town. 

250. Principal of the School. In all city or town 
districts employing more than one teacher the board 
of directors elects one of the teachers as principal, 
who has general supervision over the several depart- 
ments of the school. 

251. City Superintendent. The directors of a city 
or town district in which two or more schools are 
maintained elect a city superintendent who may be a 
teacher in the schools of the district, and who has 
general supervision over the schools of the district 
subject to the concurrence of the board of directors. 

252. Gradation and Course of Study. The schools 
of a city or town are graded by the directors as they 
deem best suited to the conditions of the district. 
In this gradation the course of study must not be in- 
consistent with that adopted by the state board of 
education. 



THE SCHOOL. I3I 

SCHOOLS IN LARGE CITIES. 

253. Special City Districts. Cities of ten thousand 
or more inhabitants can by provision of the school 
law be organized into special school districts. Three 
such districts have been formed in the state — Seattle, 
Tacoma and Spokane. 

254. City Board of Education. The board of di- 
rectors in a special city district consists of five members, 
and is called the city board of education. They are 
elected for a term of three years and until their suc- 
cessors are elected and qualified — on the first Saturday 
of November. Their duties and powers are similar 
to those of directors of other school districts. 

255. Officers of the Board. The officers of the city 
board of education consist of a president and vice- 
president, elected from their number, for one year, 
and a secretary not a member of the board. The 
board elects its own officers. 

256. Duties of the President. The president of the 
board presides at the meetings of the board and per- 
forms such other duties as the board may prescribe. 

257. Duties of the Vice-President. The vice-presi- 
dent performs the duties of the president in case of 
absence or disability of that officer. 

258. Duties of the Secretary. The secretary per- 
forms the usual duties of such ofiQcer, and is the 
book-keeper and purchasing agent of the district, sub- 
ject to the authority of the board. The salary of the 
secretary is determined by the board. 



132 HISTORY AND GOVERNMENT OF WASHINGTON. 

SUPPORT OF THE SCHOOLS. 

259. The State School Fund. The principal of the 
state school fund is permanent and irreducible. This 
fund is derived from the following sources : 

(i) Appropriations and donations by the state. 

(2) Donations and bequests by individuals to the 
state. 

(3) The proceeds of land and other property 
which revert to the state by escheat and forfeiture. 

(4) The proceeds of all property granted to the 
state, when the purpose of the grant is uncertain or 
not specified. 

(5) Funds accumulated in the treasury of the 
state for the disbursement of which provision has not 
been made by law. 

(6) The proceeds of the sale of timber, stone, 
minerals, or other property from school and state 
lands other than those granted for specific purposes, 
and all moneys other than rental recovered from tres- 
passing on said lands. 

(7) Five per cent, of the proceeds of the sale of 
public lands lying within the state, which were sold 
by the United States subsequent to the admission of 
the state into the Union in accordance with section 
fifteen of the enabling act. 

(8) The principal of all funds arising from the 
sale of lands and other property, which have been or 
may be granted to the state for the support of com- 
mon schools. 



THE SCHOOL. 133 

(9) Such Other funds as may be provided by 
legislative enactments. 

260. Available Funds. The current expenses of 
the schools are paid from the interest accruing on the 
permanent school fund and all rentals and other reve- 
nues derived from lands and other property devoted 
to the common school fund. The state board of equal- 
ization also levy an annual tax of not more than four 
mills on a dollar of the assessed value of all taxable 
property. All money paid for fines is also placed to 
the credit of the school fund by the county treasurer. 

261. Special Tax. The board of directors of any 
district may when necessary levy a special tax of five 
mills for the purpose of furnishing additional school 
facilities, and if so ordered by a majority vote of the 
legal electors of the district, they may levy a special 
tax not to exceed ten mills on a dollar for school 
purposes. 

COUNTY TREASURER. 

262. County Treasurer a School Officer. The county 
treasurer of each county in the state is ex officio treas- 
urer of all the school districts of the county. 

COUNTY SUPERINTENDENT. 

263. Election and Term of Office. A county super- 
intendent of schools is elected in each county at the 
general elections. His term of ofhce begins on the 
second Monday in January following his election and 



134 HISTORY AND GOVERNMENT OF WASHINGTON. 

continues two years, and until his successor is elected 
and qualified. 

264. Powers and Duties. The office of county- 
superintendent is an important and responsible one. 
Some of his duties are : 

( I ) To exercise supervision over the schools of the 
county. 

(2) To visit the schools of the county. 

(3) To distribute among the districts blank forms 
for the use of the schools and teachers. 

(4) To enforce the course of study and the rules and 
regulations adopted by the state board of education. 

( 5 ) To keep on file in his office the biennial re- 
port of the superintendent of public instruction. 

(6) To keep a record of all his official acts. 

(7) To preserve and transmit to his successor all 
property belonging to his office. 

(8) To administer oaths and affirmations to school 
officers. 

(9) To grant temporary certificates and conduct 
examinations. 

(10) To make an annual report to the superin- 
tendent of public instruction. 

(11) To keep in his office a transcript of the 
boundaries of each school district in the county. 

(12) To fill vacancies in district school offices by 
appointment. 

(13) To apportion the school funds among the 
districts. 

(14) To hold teachers' institutes. 



THE SCHOOL. I35 

265. Quarterly Examinations. Examinations of 
teachers for certificates are held in each county at 
the county seat, beginning on the second Thursday 
of February, May, August and November of each 
year. The examinations are conducted by the county 
superintendent, and he may appoint a suitable teacher 
or teachers to assist or conduct the same, subject to 
the same laws, rules and regulations as himself. The 
rules for conducting the examinations are prescribed by 
the state board of education, and no question can be 
used in the examination except those furnished by the 
state board. 

266. Grades of Common School Certificates. Three 
grades of common school certificates are granted : First 
grade certificates entitle the holder to teach any public 
school in the state, and are valid five years; second 
grade, two years; third grade, one year. 

267. Requirements for a Common School Certificate. 
The requirements for a common school certificate are : 
( I ) The applicant must be at least seventeen years of 
age. (2) Pass a satisfactory examination in reading, 
orthography, penmanship, written and mental arithmetic, 
geography, English grammar, physiology and hygiene, 
history and constitution of the United States, school 
law and constitution of the state of Washington, and 
the theory and art of teaching. In addition to these 
branches an applicant for a first grade certificate must 
pass a satisfactory examination in physics, English 
literature and algebra, and have taught nine months 
successfully. 



136 HISTORY AND GOVERNMENT OF WASHINGTON. 

268. Teachers' Institute. The law requires the 
county superintendent in any county of twenty-five 
or more districts to hold a teachers' institute of not less 
than three days' session. In a county of fewer than 
twenty-five districts the county superintendent may, in 
his discretion, hold an institute. All teachers employed 
in the public schools of the county are compelled to 
attend the institute, and are allowed their salary for 
the days so spent. The expenses of the institute 
must not exceed two hundred dollars in excess of 
the amount received as examination fees, allowed by 
the county commissioners upon proper vouchers. 

STATE BOARD OF EDUCATION. 

269. Of WTiom Composed. The state board of 
education consists of four members at least, two of 
whom are teachers in the common schools of the 
state. The members are appointed by the governor, 
and the appointments are confirmed by the senate. 
The superintendent of public instruction is ex officio 
president of the state board of education. 

270. Term of Office. The members of the state 
board hold the of^ce for a term of two years from 
the first Monday in March next following their ap- 
pointment, and until their successors are appointed 
and qualified, 

271. Meeting's. The annual meetings of the state 
board are held in Olympia on the first Tuesday in 
June. Special meetings may be held by call of the 
superintendent of public instruction. 



THE SCHOOL. 137 

272. Expenses. The members of the state board 
are each paid his expenses in attending the meet- 
ings, provided the expense of the whole board shall 
not exceed one thousand dollars per annum. 

273. Powers and Duties. The state board have 
power, and it is their duty — 

( I ) To adopt a uniform series of text books 

(2) To prepare a course of study for the schools. 

(3) To use a common seal and elect one of their 
number secretary. 

(4) To sit as a board of examiners. 

(5) To prepare all questions for the examination 
of teachers. 

274. Secretary of the State Board. The secretary 
of the state board is the proper custodian of the seal. 
It is his duty to keep a correct record of all the pro- 
ceedings of the board and file a certified copy of the 
same in the office of the superintendent of public 
instruction. 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 

275. Election and Term of Office. The superintend- 
ent of public instruction is elected at the general 
election of state officers. His term of office is four 
years. His salary is twenty-five hundred dollars per 
annum, and a sum for traveling expenses not to ex- 
ceed eight hundred dollars per annum. He may also 
employ a stenographer and a deputy at an expense 
not to exceed twenty- five hundred dollars per annum. 



138 HISTORY AND GOVERNMENT OF WASHINGTON. 

276. Powers and Duties. The powers and duties 
of the superintendent of public instruction are: 

( I ) To have supervision over all the public schools 
of the state. 

(2) To make a biennial report to the governor. 

(3) To prepare the necessary blank forms for the 
schools and school of^cers, 

(4) To visit schools and address public assemblies 
on subjects pertaining to the public schools. 

(5^ To cause the school laws to be printed and 
distributed among school officers. 

(6) To be ^;ir officio president of the state board 
of education. 

(7) To hold biennially a convention of county 
superintendents, 

(8) To apportion the state school funds. 

(9) To require reports from state and private schools. 

(10) To keep a directory of all school officers and 
teachers of the state. 

(11) To have his office in Olympia. 

(12) To file all papers, records and reports per- 
taining to the state school system in the archives of 
his office. 

(13) To decide points of law submitted to him in 
writing by county superintendents, and publish his 
rulings and decisions for the information of school 
officers and teachers. 

(14) To deliver to his successor all property be- 
longing to his office. 

(15) To grade examination papers and issue cer- 
tificates. 



THE SCHOOL. I39 

SUGGESTIVE QUESTIOI^S. 

1. Why is education so necessary in this country? 

2. Can the nation continue free without the in- 
fluence of education? 

3. What is the meaning of the phrase in loco pa- 
rentis? 

4. Should the state maintain high schools? Why? 

5. W^hy not leave the education of children en- 
tirely to private schools? 

6. What school ofBcer do you regard as the most 
important ? Why ? 

7. Why are the public schools called "common 
schools"? 

8. Why is the district called the "unit" of the 
system ? 

9. Is it right not to admit children to the public 
schools until they are six years of age? 

10. Should children be instructed before they are 
six years old? If so, by whom? 

1 1 . Why does the law prohibit the use of any 
language but the English in the public schools? Is it 
just? Why? 

12. Why does the law require special attention to 
the teaching of the "effects of alcoholic stimulants and 
narcotics on the human system" ? The "cultivation of 
manners"? The "laws of health"? "Physical exer- 
cises"? "Ventilation and temperature of the school 
room"? - 

13. Should the length of the school day be less 
han six hours? Why? 



140 HISTORY AND GOVERNMENT OF WASHINGTON. 

14. Why should pupils under eight years of age 
be dismissed after an attendance of four hours? 

15. What is the object of beginning the school 
year on the first day of July? 

16. Why does not the law place the minimum 
term in a year the same for both graded and un- 
graded schools? 

17. Are districts in cities and towns entitled to 
longer terms of school than those of the country? 
Why? 

18. Is compulsory attendance right? Why? 

19. Why should compulsory attendance be limited 
to pupils between the ages of eight and fifteen years? 

20. Under what circumstances should the teacher 
make rules in addition to those prescribed by law for 
the government of the school? 

2 1 . Are not the rules and regulations prescribed by 
the state board of education for the government of 
teachers and pupils sufficient under all circumstances? 
If not, give an instance. 

22. Why should the law require the teacher to hold 
a certificate? 

23. Of what benefit are school records? 

24. In what way should a teacher teach morality? 

25. Should the teacher be held responsible for the 
care of school property? 

26. Should not the pupil share the responsi- 
bility? 

27. Of what use is a programme of daily exercises? 

28. Why are order and discipline necessary in a 
school? 



THE SCHOOL. I4I 

29. Why should the air of a school room be fre- 
quently changed? 

30. Should parents ever dictate what studies their 
children should pursue? 

31. Why should pupils be drilled in composition 
and declamation? 

32. Why should a pupil be punctual and regular 
in attendance? 

33. Why is loitering on the way to and from school 
a bad habit? 

34. Why is election day made a holiday for the 
pupils of the public schools? 

35. Should directors receive compensation for their 
services? Why? 

36. Why are citizens usually so anxious to hold 
the office of school director? 

37. Should the directors have power to grade the 
school? Why? 

38. What is the difference between the offices of 
principal and city superintendent? 

39. Is the provision that the principal of the state 
school fund shall remain permanent and irreducible a 
wise one? Why? 

40. What is meant by ''school lands"? 

41. Can the schools of Washington ever be main- 
tained without a tax? If so, how? 

42. What qualifications should a county superin- 
tendent possess? 

43. Why should the teacher be examined in the 
school law and the state constitution? 

44. Of what use are school statistics? 



142 HISTORY AND GOVERNMENT OF WASHINGTON. 

45. Is that a good provision of the law which re- 
quires the teacher to attend the institute? Why? 

46. Of what benefit are teachers' institutes? 

47. What benefit is derived by the use of a uni- 
form course of study in the common schools of the 
state? 

48. What .qualifications should members of the 
state board of education possess? 

49. What qualifications should the superintendent 
of public instruction possess? 

QUESTIONS FOR DEBATE. 

/. Resolved, That the wealthy districts should be 
required by law to help support the poorer ones. 

2. Resolved, That a man should be taxed for the 
support of the public schools, whether he has children 
to educate or not. 

J. Resolved, That all school officers should be 
elected at special school elections and be kept entirely 
free from all political parties. 

SUBJECTS FOR ESSAYS. 



2 
3 
4 
5 
6 

7 
House 



The Necessity of Education. 

Public Schools vs. Private Schools. 

The Advantages of the Graded Schools. 

Advantages of the Country Schools. 

The Necessity for Public High Schools. 

The Duties of Pupils. 

The Flag of the Union Waving Over the School 



CHAPTER X. 
CITIES AND TOWNS. 

277. 'WTiat Are Cities and Towns ? The inhabitants 
of the state have their homes either on large tracts 
of land, called farms, or on small lots which are situ- 
ated near one another and form a hamlet, a village, 
a town, or a city. Those living on the farm are 
usually engaged in agriculture, and are called farmers, 
or country people. Those living in the town are en- 
gaged in the various occupations, and are called town 
people. The word hamlet means a little home. It 
is a small village. A village is a small collection of 
houses. A town is a large collection of houses. A 
city is a large town incorporated with certain gov- 
ernmental privileges. The government of cities and 
towns is now to be considered. 

278. Classification. The municipal corporations of 
the state of Washington are divided into cities and 
towns. Cities are divided into three classes — first, 
second, and third. First-class cities are those of more 
than twenty thousand inhabitants. Second-class cities 
are those whose number of inhabitants is between ten 
and twenty thousand. Third-class cities are those 
whose number of inhabitants is between fifteen hundred 
and ten thousand. The fourth class numbers .between 

143 



144 HISTORY AND GOVERNMENT OF WASHINGTON. 

.nree hundred and fifteen hundred inhabitants. A 
corporation of the fourth class is called a town. 

279. Number and Names. The records in the 
office of the secretary of state contained the following 
list of cities and towns in Washington on January i, 

1897: 

Three first-class cities — Seattle, Tacoma and Spo- 
kane. 

There are no second-class cities in the state. 

Twenty-one third-class cities — Roslyn, Centralia, New 
Whatcom, Aberdeen, Fairhaven, Port Angeles, Sno- 
homish, Chehalis, Port Townsend, Olympia, Sprague, 
Colfax, Blaine, Palouse City, South Bend, Dayton, 
Everett, Ellensburg, North Yakima, Vancouver and 
Walla Walla. 

Sixty-two towns or fourth-class cities — Ballard, Wy- 
nooche, Orting, Winlock, Elma, Pullman, Cosmopolis, 
Farmington, Waterville, Tekoa, La Conner, Ross Park, 
Oaksdale, Colton, Kelso, Hoquiam, Uniontown, Shel- 
ton, Steilacoom, Denver, Buckley, Kent, Colville, 
Davenport, Rockford, Medical Lake, Castle Rock, 
Garfield, Asotin, Mount Vernon, Kalama, Ritzville, 
Wilbur, Edmunds, Puyallup, Spangle, Sidney, Turn- 
water, Ilwaco, Sumner, Montesano, Lynden, Hamilton, 
Sedro, Marysville, Woolley, Anacortes, Auburn, Sumas, 
Ocosta, Pasco, Kettle Falls, Latah, Pataha City, 
Gillman, Toledo, Columbia, Port Orchard, Rosalie, 
Hillyard, Yakima and Elberton. 

280. Charter Cities. Any city of the state having 
a population of twenty thousand or more may frame 



CITIES AND TOWNS. I45 

a charter for its own government. A charter is sim- 
ilar to a written constitution. It is framed by fifteen 
freeholders, residents of the city, elected by the legal 
voters. After the charter is made and adopted by 
the fifteen freeholders it is submitted to the legal 
voters of the city, and, if a majority favor its adop- 
tion, the charter becomes the constitution of the 
city. 

281. Powers. The powers of cities of the first class 
are numerous, thirty-eight being stipulated in the 
political statutes of the state. The various interests 
in the government of cities of the first class make it 
the most complicated branch of government and the 
most difftcult to administer. 

282. Governmental Functions. Cities possess the 
three functions belonging to all systems of civil gov- 
ernment — the legislative, the executive and the judicial. 
The legislative function of charter cities is vested in 
a city council, consisting sometimes of one, and some- 
times of two bodies, as provided in the charter. The 
executive function is vested in the mayor and such 
other oiificers as the charter may provide. The judi- 
cial function is vested in the police courts, as provided 
by the charter. Each of the three first-class cities of 
the state has its own charter, and a complete study of 
them cannot be presented here for lack of space. 
The student residing in any of these cities should 
procure a copy of the city charter, if possible, and 
study it in connection with this chapter. 



146 HISTORY AND GOVERNMENT OF WASHINGTON. 

GOVERNMENT OF CITIES OF THE SECOND, 
THIRD, AND FOURTH CLASSES. 

283. Division of Cities. Cities are divided into 
wards, and the wards into voting precincts. 

284. City Officers. The officers of a city of the 
second class are mayor, collector and street commis- 
sioner, assessor, treasurer, city clerk, police judge, city 
attorney, chief of police, and twelve councilmen. 

The officers of a city of the third class are mayor, 
treasurer, city attorney, clerk, marshal, assessor, health 
officer, and seven councilmen. 

The officers of a town are mayor, clerk, who acts 
also as assessor and treasurer; marshal, who is also 
tax and license collector; police justice, and five coun- 
cilmen. The statutes also provide for other city offi- 
cers when needed, such as city surveyor, harbor master, 
pound keeper, etc. 

285. Municipal Elections. City elections are held 
annually on the first Tuesday after the first Monday 
of December. All city officers are elected for a term 
of one year, except the councilmen, who are elected 
for two years. The salaries of city officers are 
determined by the city council, subject to certain stat- 
utory limitations. 

LEGISLATIVE DEPARTMENT. 

286. City Council. The legislative department of 
the city consists of the mayor and councilmen. A 



CITIES AND TOWNS. 1 4/ 

majority of the councilmen constitute a quorum for the 
transaction of business. The mayor is ex officio mem- 
ber of the city council, and has a vote only in case 
of a tie in the votes of the other members. 

287. City Laws. City laws are called ordinances. 

288. Powers of the Council. The city council has 
power to make and pass all by-laws, ordinances, or- 
ders and resolutions not repugnant to the constitution 
and laws of the United States or the state of Wash- 
ington, necessary for the municipal government and 
management of the affairs of the city. 

EXECUTIVE DEPARTMENT. 

289. Executive Officers. The executive ofificers of 
a city consist of the mayor, president of the council, 
chief of police, city attorney, city assessor, city clerk, 
city collector and street commissioner. 

DUTIES OF OFFICERS. 

290. The Mayor. The mayor is the chief executive 
officer of the city, and bears the same relation to the 
city that the governor does to the state. The mayor 
presides over the meetings of the city council and has 
general supervision over the several departments of 
the city government. He recommends to the city 
council such measures as he may deem expedient for 
the public good or improvement of the city, its finances 
or government. 



148 HISTORY AND GOVERNMENT OF WASHINGTON. 

291. The President of the Council. The city coun- 
cil elects one of their number as president to preside 
in the absence or disability of the mayor, in which 
cases all the duties of the mayor are performed by 
the president of the council. 

292. The Treasurer. It is the duty of the city 
treasurer to receive and safely keep all moneys be- 
longing to the city and place the same to the credit 
of the several funds to which they properly belong, 
and disburse city money by the direction of the city 
council. 

293. The City Clerk. It is the duty of the city 
clerk to keep the corporate seal and all papers and 
documents belonging to the city. He must attend the 
meetings of the city council and keep a journal of 
their proceedings. He makes a record of all by-laws, 
resolutions and ordinances, signs all warrants and li- 
censes issued in pursuance of the orders and ordi- 
nances of the city council, keeps an accurate account 
of expenditures of all orders drawn upon the city 
treasurer, and performs such other duties as may be 
required by the statutes of the state and by city ordi- 
nances. He is the city book-keeper. 

294. The City Assessor.* It is the duty of the city 
assessor to make the assessments of persons and 
property in the city, as required by the statutes of 
the state. 

295. The Collector and Street Commissioner. The 
city collector and street commissioner collects all taxes. 



*In third and fourth-class cities the duties of city assessor are performed 
by the city clerk. 



CITIES AND TOWNS. I49 

assessments, licenses, wharfage rates, etc., and pays 
the same to the city treasurer. He has charge of the 
streets, sidewalks, public buildings, etc., of the city. 

296." Police. The police force of a city or town 
consists of the chief of police or marshal, and such 
number of policemen as may be determined by the 
city council. The head of the police force in first and 
second-class cities is called chief of the police ; in 
third and fourth-class cities, marshal. 

JUDICIAL DEPARTMENT. 

297. Police Court. The statutes of the state make 
provision for the establishing of police courts in every 
city and town in the state. The jurisdiction of the 
police court extends over all the public offenses com- 
mitted within the city as prescribed in the statutes in 
which they are enumerated under charters of cities of 
the second class. 

298. Police Justice. The police justice of a city or 
town is elected by the legal voters of the corporation, 
and may be selected from the justices of the peace 
duly elected in the precinct under the laws of the 
state. He has jurisdiction over all offenses defined 
by any ordinance of the city or town, and all actions 
brought to enforce or recover any penalty forfeiture 
declared or given by any such ordinance, and full 
power and authority to hear and determine all causes, 
civil or criminal, arising under such ordinance, and 
pronounce judgment in accordance therewith. 



ISO HISTORY AND GOVERNMENT OF WASHINGTON. 

299. Prosecuting- Attorney. The city attorney is 
the prosecuting attorney for all cases before the police 
court and on appeal therefrom to the superior court, 
except that the county prosecuting attorney conducts 
all proceedings of the nature of a preliminary exam- 
ination before the police court. 

300. Chief of Police or Marshal. The chief of po- 
lice or marshal of a city or town has the same power 
as a peace ofificer of the city as that conferred upon 
sheriffs by the laws of the state, and is entitled to the 
same protection in the discharge of his duties. In 
third and fourth-class cities it is the duty of the mar- 
shal to prosecute before the police justice all breaches 
or violations of or non-compliance with any city ordi- 
nance which comes to his knowledge. 

SUGGESTIVE QUESTIONS. 

1 . Where do you prefer to have your home — in a 
city or town, or in the country? Why? 

2. What advantages has one residing in a city? 
in the country? 

3 Why are cities and towns classified? 

4. Is the present classification a good one? Why? 

5. If you live in a city, of what class is it? Write 
a short essa}^ on its government, 

6. Give the origin and signification of the names 
of the cities and towns of Washington as far as you 
can. 

7. Why is the government of cities the most com- 
plicated system? Who are freeholders? 



CITIES AND TOWNS. I5I 

8. What legislation is required in the government 
of cities that is not required in the country? Name 
as many such laws as you can. 

9. Why are cities divided into wards? Why are 
wards divided into precincts? 

10. Is it wise to limit the term of city officers to 
one year? 

1 1 . Why should councilmen be elected for two 
years? 

12. What should be the qualifications of each city 
officer? 

QUESTIONS FOR DEBATE. 

7. Resolved^ That the city council should consist 
of only one body. 

2. Resolved, That the mayor of a city should be 
deprived of the veto power. 

SUBJECTS FOR ESSAYS. 

1. The Advantages of City Life. 

2. The Advantages of Country Life. 

3. A Good System of Municipal Government. 



CHAPTER XI. 
THE COUNTY. 

301. The County. The state of Washington is 
divided into thirty-four poHtical divisions called coun- 
ties, each of which has its own local government, 
subordinate to the government of the state. 

302. Formation of New Counties. New counties 
may be formed by dividing the territory of one or 
more old ones. The new county must contain at least 
two thousand inhabitants, and no division of any ex- 
isting county can be made which reduces the number 
of its inhabitants to less than four thousand. 

303. The County Seat. The capital of a county is 
called the county seat, in which are located the court 
house and county offices and other county buildings. 
All public records of the county are kept at the 
county seat, and all official county business is trans- 
acted there. 

304. Names of the Counties. The following table 
contains- the names, with their signification, and the 
county seats of all the counties : 

NAME. SIGNIFICATION OF THE NAME. COUNTY SEAT. 

1. Adams In honor of President Adams Ritzville. 

2. Asotin Indian word "hashotin," meaning an "eel" Asotin. 

3. Chehalis Indian word meaning "Sand" Montesano. 

4. Clallam Indian word meaning "Clam" Port Angeles. 

5. Clarke In honor of Captain Clarke, the explorer Vancouver. 

6. Columbia After the great river Dayton. 

152 



THE COUNTY. I 53 

NAME. SIGNIFICATION OF THE NAME. COUNTY SEAT. 

7. Cowlitz Name of an Indian tribe Kalama. 

8. Douglas Inhonorof Stephen A. Douglas Waterville. 

9. Franklin In honor of Benjamin Franklin Pasco. 

10. Garfield In honor of President James A. Garfield Pomeroy. 

11. Island Composed of five islands Coupeville. 

12. Jefferson In honor of President Thomas Jefferson Port Townsend. 

13. King Inhonorof Vice-President Rufus King Seattle. 

14. Kitsap In honor of the Indian chief Kitsap Sidney. 

15. Kittitas Ellensburg. 

16. Klickitat Indian word meaning "The Robbers" — a tribe Goldendale. 

17. Lewis In honor of Captain Lewis, the explorer Chehalis. 

18. Lincoln Inhonorof President Abraham Lincoln Davenport. 

19. Mason .In honor of the first territorial secretary ...Shelton. 

20. Okanogan After the river of this name Conconully. 

21. Pacific. Borders on the Pacific Ocean South Bend. 

22. Pierce In honor of President Franklin Pierce Tacoma. 

23. San Juan For the largest island of the group Friday Harbor. 

24. Skagit Name of an Indian tribe Mount Vernon. 

25. Skamania Cascades. 

26. Snohomish Name of an Indian tribe Everett. 

27. Spokane Indian word meaning "Smk" Spokane. 

28. Stevens In honor of Governor Isaac I. Stevens Colville. 

29. Thurston In honor of Samuel R. Thurston Olympia. 

30. Wahkiakum Indian word meaning "large, tall trees" Cathlamet. 

31. Walla Walla Indian word meaning "running water" Walla Walla. 

32. Whatcom New Whatcom. 

33. Whitman In honor of Dr. Whitman, the missionary Colfax. 

34. Yakima Indian word meaning the "'Black Bears" North Yakima. 

305. Divisions of the County. Each county is di- 
vided into three commissioner districts, each consisting 
of two or more voting precincts. Each commissioner 
district is divided into road districts, over which the 
commissioner for that district exercises supervision. 
The division of the county into school districts has 
been aheady treated. 

306. County Officers. The government of the 
county is administered by the county officers, of which 
the following is a list: Sheriff, clerk, auditor, treas- 
urer, prosecuting attorney, assessor, superintendent of 
schools, surveyor, coroner, and three commissioners. 



154 HISTORY AND GOVERNMENT OF WASHINGTON. 

307. Offices Combined. In counties having a pop- 
ulation of three thousand, or less, the county 
commissioners may combine two or more offices, the 
duties of which do not conflict, and one person may 
be elected to fill the combined offices. 

308. Precinct Officers. The precinct officers are 
justices of the peace, constables, road overseers, and 
inspectors, judges and clerks of the election. 

309., Election and Term of Office. The precinct, 
district and county officers are elected at the general 
elections for a term of two years and until their suc- 
cessors are duly elected and qualified. Their term of 
office begins on the first Monday in January next fol- 
lowing the day of election. The county commissioners 
are elected for terms of two and four years, the com- 
missioner for the long term being elected successively 
from the three districts in each county in their numer- 
ical order, beginning with district number one. A 
county officer is not eligible to hold his office more 
than two terms in succession. The inspectors and 
judges of the election are appointed by the county 
commissioners. The clerks of the election are ap- 
pointed by the inspector and judges. 

310. Salaries of County Officers. The salaries of 
county and precinct officers vary in the several coun- 
ties, which are classified by the statutes of the state 
according to population. 

DUTIES OF COUNTY OFFICERS. 

311. The Sheriff. It is the duty of the sheriff to 
keep and preserve the peace, to suppress affrays, 



THE COUNTY. 155 

riots, unlawful assemblies and insurrections which may 
occur within the count)', and serve processes and 
arrest and secure criminals for offenses committed 
within the county. 

312. The Clerk. The county clerk is the clerical 
officer of the superior court of the county, and it is 
his duty to record in suitable books, provided for the 
purpose, all the proceedings of the court. It is also 
his duty to file all papers legally placed in his care, 
and he is made responsible by law for the safe keep- 
ing of all books and papers belonging to his ofhce. 

313. The Auditor. The auditor is the county book- 
keeper, and his duties are various and numerous. He 
acts as clerk of the board of county commissioners, 
and keeps a careful record of all their proceedings. 
He audits all claims against the county, examines all 
accounts of persons indebted to the county, keeps an 
account with the county treasurer, publishes an annual 
exhibit of county finances, makes a certified copy of 
the register of county warrants and delivers it to the 
treasurer, examines the books of the treasurer, records 
all deeds, grants, transfers, and mortgages of real estate 
and other legal documents necessary to be placed on 
record . 

314. The Treasurer. The county treasurer is the 
proper custodian of all the funds belonging to the 
county. He receives all moneys due the county, and 
disburses the same on the proper orders issued and 
attested by the county auditor. The treasurer is the 
tax collector. 



156 HISTORY AND GOVERNMENT OF WASHINGTON. 

315. The Prosecuting Attorney. The prosecuting 
attorney is the legal adviser of the board of county 
commissioners. He prosecutes all criminal and civil 
actions in which the state or his county may be a 
party, defends all suits brought against the state or 
his county, and is the legal adviser of all county and 
precinct officers. It is also the duty of the prosecut- 
ing attorney to examine the official bonds of all county 
and precinct officers and report any defects in them 
to the county commissioners. He must also once a 
year examine the books and public records of the 
auditor, assessor, treasurer, sheriff, and superintendent 
of schools, and report their condition to the county 
commissioners. 

316. The Assessor. It is the duty of the county 
assessor to list and place a valuation, for the purposes 
of taxation, upon all real and personal property sub- 
ject to taxation within the county. It is also his duty 
to make biennially a census list of all the inhabitants 
of the county. 

317. County Superintendent of Schools. The du- 
ties of this officer have been given in a preceding 
chapter. 

318. The Surveyor. It is the duty of the county 
surveyor to make any survey in the county which may 
be required by the court or upon application of any 
person or corporation. He must keep a correct record 
of all surveys made by him, and carefully preserve 
all plats and field notes in his office. 



THE COUNTY. 1 5/ 

319. The Coroner. It is the duty of the county 
coroner, when informed of the sudden death of a per- 
son, or that a body of any person, the cause of whose 
death is unknown has been discovered, to go to the 
place where the body is and summon a jury of six 
legally qualified persons to inquire into the cause of 
the death. This proceeding is usually called a "cor- 
oner's inquest." 

320. The County Commissioners. The county com- 
missioners are the executive officers of the county 
government. They have a general supervision over 
all the affairs of the county. Their duties are numer- 
ous. The following will give the students an idea of 
the functions of these officers. It is the duty of the 
county commissioners — 

( 1 ) To provide for the erection and repairing of 
court houses, jails and other county buildings. 

(2) To lay out, discontinue, or change county 
roads and highways. 

(3) To grant such licenses as are authorized by 
law. 

(4) To fix the amount of county taxes to be as- 
sessed according to law, and cause the same to be 
collected. 

(5) To allow all accounts legally chargeable against 
the county not otherwise provided for. 

(6) To audit the accounts of all officers having 
the care, management, collection and disbursement of 
any money belonging to the county. 

(7) To have the care of the county property, and 
many other duties. 



158 HISTORY AND GOVERNMENT OF WASHINGTON. 

321. Justices of the Peace. The justices of the 
peace exercise the judicial functions of the government 
of the precinct. Each precinct has one justice of the 
peace, and, when necessary, the county commissioners 
may authorize the election of one additional justice 
of the peace in any precinct. 

322. Constables. In each precinct there are elected 
as many constables as there are justices of the peace. 
It is the duty of a constable to serve any writ, 
process, or order lawfully directed to him by any 
justice of the peace, judge of the superior court or 
coroner of the county. 

323. Road Overseers. The road overseers have the 
following duties to perform : 

( 1 ) To take charge of the highways within their 
respective districts. 

(2) To keep the roads clear of obstructions and 
in good repair. 

(3) To employ laborers and oversee their work 
upon the roads. 

(4) To destroy, at least once a year, all Canada 
thistles growing on the public highways of their 
districts. 

(5) To cause banks to be graded. 

(6) To make quarterly reports of all matters per- 
taining to their respective districts. 

The compensation of a road overseer consists of 
fifteen per cent, of moneys collected by him for road 
poll tax, and a sum not to exceed two dollars and 
fifty cents per day for services performed on the roads. 



THE COUNTY. 159 

SUGGESTIVE QUESTIONS. 

1. .Why is the state divided into counties? 

2. What is the origin of the name "county"? 

3. Are any of the counties of Washington too large 
in area? Too small? Give reasons for your answers. 

4. Describe the court house of your own county. 

5. What other public buildings are in your county? 

6. What do the names of the counties of the state 
suggest? 

7. Nearly all the states of the Union have a "Wash- 
ington County"; why has this state none of that 
name? 

8. What counties have Indian names? What 
Spanish? 

9. Why are counties divided into commissioner 
districts ? 

10. Could the official business of the county be 
transacted by fewer officers? 

1 1 . Are any of the offices combined in your 
county? What ones? 

12. Name the present officers of your county. 

13. Name the present officers of your precinct. 

14. What is the object of electing one commis- 
sioner for a long term? 

15. What salary does each of the officers of your 
county and precinct receive? 

16. What qualifications should a sheriff possess? 

17. What should be the qualifications of a county 
clerk? 



l60 HISTORY AND GOVERNMENT OF WASHINGTON. 

i8. Should the county auditor be given so many- 
duties? 

19. What is the chief quahfication of a good 
treasurer? 

20. Can the office of prosecuting' attorney be filled 
by any citizen of the county? 

21. What qualification should the prosecuting at- 
torney possess, not needed by other county officers? 

22. Should the assessor be a man of good judg- 
ment of the valuation of property? If he does not 
possess this qualification, what is the remedy for his 
mistakes? 

23. What are the qualifications of a good surveyor? 

24. To what profession do the coroners usually 
elected belong? Why? 

25. Why is the chief executive function of the 
county government vested in three men instead of 
one? 

26. Should a man not familiar with law^ and its 
processes be elected justice of the peace? 

27. Should a man be elected to any office because 
he desires the office, or because of his fitness to fill it? 

QUESTION FOR DEBATE. 

Resolved, That the duties of the county auditor 
should be divided between two officers — an auditor 
and a recorder. 

SUBJECTS FOR ESSAYS. 

I . The Origin of the Division of States into Coun- 
ties. 



THE COUNTY. l6l 

2. A Good System of County Government. 

3. The Qualifications Necessary for Good County 
Officers. 

4. How to Prevent "Court House Rings." 

5. The Best Division of Counties for the Purposes 
of Local Government. 

6. The Division of the Counties of the State of 
Washington into Townships. 

7. The Importance of Good County Roads. 

8. Appropriateness of the Names of the Counties 
of the State of Washington. 

9. In County Government, "The Office should 
seek the Man, and not the Man the Office." 



CHAPTER XII. 
THE STATE. 

324. The State Government. The government of 
the state of Washington, Hke all other systems of 
civil government, is vested in three departments — the 
legislative, the executive, and the judicial, the func- 
tions of which are set forth in the constitution of the 
state, printed in the supplement of this chapter. 

THE LEGISLATIVE DEPARTMENT. 

325. The Law Makers. The legislative function of 
the government of Washington is vested in "The 
Legislature of the State of Washington," composed of 
a senate and house of representatives. 

326. Number of Members. The house of repre- 
sentatives is composed of not less than sixty-three 
nor more than ninety-nine members. The senate is 
composed of not less than one-third nor more than 
one-half of the number of representatives. The fifth 
legislature, session of 1897, ^vas composed of 78 rep- 
resentatives and 34 senators. 

327. Legislative Districts. The state at present is 
divided into forty-nine representative districts and into 
thirty-four " senatorial districts. These divisions are 
made according to the population at stated periods, 

162 



THE STATE. 163 

beginning in 1895, and every ten years thereafter. 
For the first legislative apportionment see article XXII 
of the state constitution in the supplement: 

Note — Each senatorial district is entitled to one 
senator. 

SENATORIAL DISTRICTS. 

NO. OF 
DISTRICT. OF WHAT TERRITORY COMPOSED. 

1. Lincoln and Okanogan Counties. 

2. Stevens and part of Spokane Counties. 

3. Part of Spokane County. 

4. Part of Spokane County. 

5. Part of Spokane County. 

6. Part of Whitman County. 

7. Part of Whitman County. 

8. Garfield, Asotin, and Columbia Counties. 

9. Franklin, Adams, and part of Walla Walla County, 

10. Part of Walla Walla County. 

11. Douglas and Kittitas Counties. 

12. Yakima and Klickitat Counties. 

13. Clarke and Skamania Counties. 

14. Cowlitz, Wahkiakum, and Pacific Counties. 

15. Lewis County. 

16. Chehalis County. 

17. Mason, Kitsap, and Island Counties. 

1 8. Thurston County. 

19. Part of Pierce County. 

20. Part of Pierce County. 

21. Part of Pierce County. 

22. Part of Pierce County. 



1 64 HISTORY AND GOVERNMENT OF WASHINGTON. 

NO. OF 
DISTRICT. OF WHAT TERRITORY COMPOSED. 

23. Part of Pierce County. 

24. Part of King County. 

25. Part of King County. 

26. Part of King County, 

27. Part of King County, 

28. Part of King County. 

29. Part of King County. 

30. Jefferson and Clallam Counties. 

31. Snohomish County. 

32. Skagit and San Juan Counties. 

33. Part of Whatcom County. 

34. Part of Whatcom County. 

REPRESENTATIVE DISTRICTS. 

Note — The figures in the right hand column rep- 
resent the number of representatives to which each 
district is entitled. 



NO. 


OF 


DISTRICT. OF WHAT TERRITORY COMPOSEI 


I. 


Stevens County 


2. 


Part of Spokane County - 


3. 


Part of Spokane County - 


4. 


Part of Spokane County - 


5. 


Part of Spokane County - 


6. 


Part of Whitman County - 


7. 


Part of Whitman County - 


8. 


Asotin County 


9. 


Garfield County 


10. 


Columbia County 


II. 


Part of Walla Walla County 



THE STATE. 1 65 

NO. OF 

DhSTRICT. OF WHAT TERRITORY COMPOSED. ,R. 

12. Part of Walla Walla County .- - - 

13. Franklin County _ _ - - _ 

14. Adams County _ „ „ _ - 

15. Lincoln County _ = =-_- 

16. Okanogan County - - >^ - - 

17. Douglas County _ _ _ _ _ 

18. Kittitas County , _ _ _ _ 

19. Yakima County „ _ _ _ _ 

20. Klickitat County - . - - . - 

21. Skamania County - - - - - 

22. Clarke County _ _ „ ^ _ 

23. Covvlitz County _ _ - - - 

24. Wahkiakum County ----- 

25. Pacific County _ _ - - - 

26. Lewis County _ , _ _ _ 2 

27. Thurston County ----- 2 

28. Chehalis County - - - - 2 

29. Mason County _ - ^ _ _ i 

30. Kitsap County _ _ „ - - i 

31. Jefferson County ----- 2 

32. Clallam County _ - _ - _ i 

33. Part of Pierce County - _ - - 2 

34. Part of Pierce County - - - - 2 

35. Part of Pierce County - . - - 2 

36. Part of Pierce Count)' - - - - 2 
IJ . Part of Pierce County _ - - - 2 

38. Part of King County _ - - - 2 

39. Part of King County _ - _ - 2 

40. Part of King County - - - - 2 



l66 HISTORY AND GOVERNMENT OF WASHINGTON. 

NO. OF 
DISTRICT. OF WHAT TERRITORY COMPOSED. R. 

41. Part of King County - - _ - 2 

42. Part of King County _ _ _ _ 2 

43. Part of King County ^ " - - 3 

44. Snohomish County - _ _ _ 2 

45. Island County - _ , _ _ i 

46. Skagit County - _ _ _ - 2 

47. San Juan County ----- i 

48. Part of Whatcom County - - - 2 

49. Part of Whatcom County - - - 2 

Total 78 

328. Election and Term of Office. Representatives 
are elected biennially at the general election held on 
the first Tuesday after the first Monday in November. 
The term of office is two years. Senators are elected 
at the same time as- representatives for a term of four 
years, one-half of their number retiring every two years. 

329. Qualifications of Members. A member of the 
legislature must be a citizen of the United States and a 
legal voter in the district for which he is chosen. 

330. Quorum. A majority of the members of each 
branch of the legislature constitutes a quorum for the 
transaction of business ; but a smaller number may 
adjourn from day to day and may compel the attend- 
ance of absent members. 

331. Sessions. The legislature meets on the second 
Monday in January next following the general election 
day. The length of the sessions shall not exceed sixty 
days. 



THE STATE. \6^ 

332. Compensation. Each member of the legisla- 
ture is paid five dollars for each day's attendance during 
the session and ten cents for every mile traveled in going 
to and returning from Olympia. 

333. Powers and Duties of each House. Each house 
determines its own rules, elects its own officers, and 
keeps a journal of its proceedings. 

334. President of the Senate. The lieutenant-gov- 
ernor is the proper presiding officer of the senate ; but 
when he is absent or acting as governor, the senate is 
presided over by a temporary president chosen by the 
members. 

335. How Laws are Made. The statutory laws of 
the state are made by the introduction of what are called 
bills, which may originate in either house, but must be 
approved by both houses and signed by the presiding 
officer of each and finally receive the governor's signa- 
ture. If the governor refuses to sign the bill, it may be 
passed over his veto by a two-thirds vote of the mem- 
bers of both houses. The style of the state law is, 
"Be it enacted by the legislature of the state of Wash- 
ington." No bill shall embrace more than one subject 
and that must be expressed in the title. 

Note — For special legislation, prohibitions and other 
important matters in regard to the legislative depart- 
ment, see the constitution in the supplement. 

THE EXECUTIVE DEPARTMENT. 

336. State Officers. The executive functions of the 
State government are administered by the following list 



1 68 HISTORY AND GOVERNMENT OF WASHINGTON. 

of state officers : Governor, lieutenant-governor, sec- 
retary of state, treasurer, auditor, attorney-general, 
superintendent of public instruction, commissioner of 
public lands, and state printer. 

337. Election and Term of Office. All state officers 
are elected for a term of four years beginning on Wed- 
nesday after the second Monday in January next after 
their election, which is upon the same day as the elec- 
tion held for President of the United States, except that 
the term of office of the state printer begins on the first 
day of July next after his election. 

338. Salaries of State Officers. 

Governor, ------- $4,000 

Lieutenant-Governor, _ _ - _ 1,000 

Secretary of State, - - - . - 2,500 

Auditor, ------ 2,000 

Treasurer, ------- 2,000 

Attorney-General, ----- 2,000 

Superintendent of Public Instruction, - - 2,500 

Commissioner of Public Lands, - - 2,000 

POWERS AND DUTIES OF STATE OFFICERS. 

339. The Governor. In addition to those prescribed 
in the constitution the following powers and duties of 
the governor may be mentioned : 

( 1 ) To supervise the conduct of all executive 
officers. 

(2) To see that all offices are filled and the duties 
thereof performed. 

(3) To make all appointments required by the 
constitution and the laws. 



THE STATE. 1 69 

(4) To be the medium of communication between 
the government of the state and that of any other state 
or territory, or of the United States. 

(5) To issue and transmit necessary proclamations. 
And many other powers and duties prescribed by the 
statutes. 

340. The Lieutenant-Governor. The lieutenant- 
governor is the presiding officer of the senate and acts 
as governor in the absence or disability of that officer. 

341. The Secretary of State. The secretary of state 
is the custodian of: 

( 1 ) All acts and resolutions passed by the legisla- 
ture. 

(2) The journals of the legislature. 

(3) The seal of the state. 

(4) All books and documents required to be depos- 
ited in his office by law. 

(5) The enrolled copy of the state constitution. 
It is his duty : 

( 1 ) To keep a register of and attest the official 
acts of the governor. 

(2) To affix the seal to all official documents issued 
by the governor. 

(3) To record documents filed for that purpose in 
his office. 

(4) To receive and file official bonds of officers. 

(5) To file receipts for books sent from his office. 

(6) To certify to the governor and legislature the 
returns for the election of officers. 



I/O HISTORY AND GOVERNMENT OF WASHINGTON. 

And many other important duties. He is the chief 
clerical officer of the state. 

342. The Auditor. The auditor is the accountant 
of the state and the keeper of public documents. It is 
his duty to report to the legislature at the beginning 
of each biennial session a full account of the financial 
condition of the state. He audits and settles claims 
against the state, draws warrants upon the treasury, 
keeps a register of all warrants issued, examines and 
settles the accounts of persons indebted to the state, 
keeps an account between the state and the state treas- 
urer, and many other duties too numerous to mention 
here. This is a very important office and requires a 
careful and responsible man to fill it well. 

343. The Treasurer. The duties of the state treas- 
urer are : 

(i) To receive and safely keep the funds of the 
state. 

(2) To pay out the state funds upon proper war- 
rants issued by the state auditor. 

(3) To keep a correct account of all mone}'s re- 
ceived and disbursed by him. 

(4) To keep an accurate account of all appropria- 
tions made by law. 

(5) To render his accounts to the state auditor. 

(6) To indorse each state warrant presented for 
payment and not paid for lack of funds. 

(7) To report to the legislature the condition of 
the treasury. 



THE STATE. 17I 

344. The Attorney- General. The attorney-general 
is the legal adviser of the state officers. He prepares 
contracts and other documents relating to subjects in 
which the state is interested. It is his duty to give a 
written opinion to the members of the legislature and 
the state officers, when so requested, upon constitu- 
tional and legal questions. 

345. The Superintendent of Pubhc Instruction. The 
duties of this officer have been given in the chapter on 
the school. 

346. The Commissioner of Pubhc Lands. The com- 
missioner of public lands has general supervision and 
control of all the public lands of the state. 

347. The State Printer. The state printer prints the 
laws, the journals of the legislature and all reports of 
state institutions and all the necessary blanks required 
by the state officers and state institutions, subject to the 
restrictions of the state printing board. 

348. Appointed State Officers. There are many 
appointed state officers and state boards. The mining 
bureau consists of the governor, the lieutenant-governor 
and state treasurer. They appoint the state geologist. 
The governor appoints otlier officers and boards, such 
as notaries public, state board of education, regents of 
the university, regents of the agricultural college, trus- 
tees of the normal schools, trustees of the reform school, 
directors of the penitentiary, trustees of the insane 
asylums, the state librarian and many others. 



172 HISTORY AND GOVERNMENT OF WASHINGTON. 

THE JUDICIAL DEPARTMENT. 

349. The Courts. The judicial functions of the 
state government consist of the supreme court, the 
superior courts of the counties, and the justices of the 
peace of precincts. 

350. The Supreme Court. The supreme court con- 
sists of one chief justice and four associate judges 
elected for a term of six years. The supreme court 
is held in Olympia. 

351. Clerk of Supreme Court and Reporter. The 
judges of the supreme court appoint a clerk and a 
reporter of the decisions of the court. 

352. Superior Courts. The superior courts are the 
higher courts of the counties. 

353. Judges of the Superior Courts. The superior 
judges are elected at general elections for a term of 
four years, beginning on the second Monday in Jan- 
uary next following the election. Some counties have 
one superior judge, some have two or three, and some 
superior judges preside over the courts of two or more 
counties, 

354. Jurisdiction. For the jurisdiction of the sev- 
eral courts see article IV of the state constitution in 
the supplement. 

ELECTIONS. 

355. Method. The system known as the Australian 
method is used in the elections held in the state of 
Washington. 



THE STATE. 1/3 

356. Qualifications of Electors. All male persons 
of twenty-one years or more, who are citizens of the 
United States, and who have been residents of the 
state one year, of the county ninety days, and of the 
precinct thirty days immediately preceding, are en- 
titled to vote at all elections. Women possessing the 
qualifications of age and time of residence, as specified 
in this section, are entitled to vote at school elections. 

357. Election Officers. The county commissioners 
appoint for each precinct from its qualified electors 
one inspector and two judges, who constitute a board 
of judges of election. 

358. Clerks of Election. The inspector and judges 
appoint two suitable persons to act as clerks of the 
election. They shall be qualified electors of the pre- 
cinct. 

359. Nominations of Candidates. The candidates 
for office are nominated by political parties, of which 
there may be as many as the people desire to organ- 
ize. Primary meetings or elections are held in each 
precinct by the members of the several parties, who 
elect delegates to the county, city, or state convention, 
as the case may be. These delegates assemble in 
convention on an appointed day and nominate the 
offiicers. All primary elections must be conducted 
according to the provision of the statutes. 

360. Ballots. All ballots are printed on white paper 
of good quality, and the names of candidates are 



1/4 HISTORY AND GOVERNMENT OF WASHINGTON. 

printed in black ink. Here is a copy of a ballot once 
used in Whatcom County: 



' If !l'l^ ' 


Democratic 

• UKK-r 


- 


Peojije'sParlj 


— 


^^^^ ■ 





IniUiiAiKlaat 
TicKtrr. 

^ r 




■'"■"""""' _ _ 




'"■■"'"'"*' 


— 1 — 


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— 


r„r?r~- 


— 






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_,::-rv=^-.__ 


"""""' 






.r^-^T-.- r- 


' '"■ " ■' i'~" " 


-E"^-.- 


'—'"•"^ ' 








o-« 1 


•„.,c^-.':- 1 






c uu. 


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— -"=" 




i— ^ 




..«ni.r* 1 


1 »-j 


^^JTiST- ' 


""■-""""' ' 






.™'r?; j 


1 •"— . j 


1"""-" 1 










- 


— ^- 


1 1 


- . .-.-„ - 


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•°"^"°=^ 1 


I 


-- 


—•— ! 


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— 






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j...^,,*,.. _ 


_i -— _ 




r 


— "~ - 




E'ri; ,, £ 


;::|if!]r" 


- 


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z:::. 


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'"''"^•'"^'"„."°^p;;ji:;:^j;;;;it.^""~- ■*■"*" | '''^'^"^"::t:^,^„,z^:^',l^'^"'°'^ 1 



361. How to Vote. Procure a legal ballot of one 
of the judges; go into an unoccupied booth, and if 
you desire to vote a straight party ticket place a cross 
X in the blank space to the right of the party name 
at the top of the ballot ; or you may place a cross X 
at the right of the name of each candidate on the 
party ticket. If you desire to vote for candidates of 
different parties leave all the spaces to the right of 
the party names at the top of the ballot blank, and 
place a cross X in the space to the right of each 
candidate for whom you desire to vote. Be careful 



THE STATE. 



175 



not to vote for two persons for the same office, but 
whose names are on different tickets. Fold your bal- 
lot, carefully concealing its face, and with its number 
on the outside return to the ballot box and hand your 
ballot to the judge as folded, who will detach the 
number of the ballot and deposit it in the ballot box. 

362. Number of Electors in Each Precinct. The 
maximum number of electors in each precinct is fixed 
by law at 300. The Australian system makes this 
provision necessary. 

363. Opening and Closing- the Polls. At all elec- 
tions the polls are opened at 9 o'clock A. M., and 
closed at 7 o'clock P. M. 

364. Registration. In all cities and towns, and all 
voting precincts having two hundred and fifty or more 
voters the electors shall be registered prior to all 
municipal or general elections. 

365. Form of Pccgistration. The registration of 
voters is made in a book in the following form : 



Date of 
Registration. 


Names. 


Check 
Line. 


Age. 


Occupation. 


Residence. 


Remarks. 













































REVENUE AND TAXATION. 



366. Need of Revenue. 
institutions of government, 



In order to carry on the 
there must be revenue. 



1/6 HISTORY AND GOVERNMENT OF WASHINGTON. 

Salaries of officers must be paid, public buildings 
erected and kept in repair, state institutions must be 
provided for, and all this requires money, which must 
be provided by some system of taxation. 

367. Sources of Revenue. State revenue is derived 
either by a direct tax on property and persons, or by 
means of fees obtained by issuing charters and licenses 
for certain privileges of trade. 

368. Property Subject to Taxation. AH real prop- 
erty and personal property in the state are subject to 
taxation, except public buildings, churches, cemeteries, 
and an exemption of personal property of each individ- 
ual to an amount not to exceed three hundred dollars. 

369. Poll Tax. Every male inhabitant of the state 
between the ages of twenty-one and fifty years, except 
paupers, idiotic and insane persons, is required to pay 
a poll tax of two dollars per annum. 

STATE INSTITUTIONS. 

370. Classes. The state institutions may be divided 
into four classes : 

(i) Educational. 

(2) Charitable. 

(3) Reformatory. 

(4) Penal. 

371. Educational. There are five educational insti- 
tutions in the state — the University of Washington, the 
Agricultural College and School of Science, and three 
normal schools. 



THE STATE. 1/7 

372. Charitable. There are four charitable insti- 
tutions in the state, two asylums for the insane, school 
for defective youth, and the soldiers' home. 

373. Reformatory. There is one reformatory insti- 
tution in the state — the reform school. 

374. Penal. There is one penal institution in the 
state — the penitentiary. 

LOCATION OF STATE INSTITUTIONS. 

375. The University of "Washington. The University 
of Washington is the outgrowth of the old territorial 
university, which was located at Seattle, King County, 
in i86i. The university is still located at Seattle, 
but has been recently removed from the old site to a 
peninsula lying between lakes Washington and Union. 

376. The Agricultural College. The Agricultural 
College and School of Science is located at Pullman, 
Whitman County. 

377. The State Normal Schools. The state normal 
schools are located— one at Cheney, Spokane County ; 
one at Ellensburg, Kittitas County, and one at What- 
com, Whatcom County. - 

378. Hospitals for the Insane. "The Western 
Washington Hospital for the Insane" is located at 
Steilacoom, Pierce County; "the Eastern Washington 
Hospital for the Insane" is located at Medical Lake, 
Spokane County. 

379. School for Defective Youth. This state insti- 
tution is located at Vancouver, Clarke County. 



1/8 HISTORY AND GOVERNMENT OF WASHINGTON. 

380. Soldiers' Home. The home for soldiers is 
located at Orting, Pierce County. 

381. Reform School. The state reform school is 
located at Chehalis, Lewis County. 

382. The Penitentiary. This institution is located 
at Walla Walla, Walla Walla County. 

383. Other State Institutions. The state capital and 
the state library are located at Olympia, Thurston 
County, and the state fair at North Yakima, Yakima 
County. 

SUGGESTIVE QUESTIONS. 

1. What is the basis or foundation of the govern- 
ment of Washington? 

2. Why is the legislature composed of two houses? 

3. Why should the house of representatives be 
limited to 99 members? 

4. What is the object of making the senate a 
smaller body than the house? 

5. What does the large representation for the coun- 
ties of King, Pierce and Spokane as exhibited in the 
tables indicate? 

6. Where is the center of population in the state 
of Washington? 

7. Can the general election day ever fall on the 
first day of the month? Why? 

8. What other qualifications should members of 
the legislature possess besides those mentioned in the 
text? 



THE STATE. 1/9 

9. Why are the sessions of the legislature limited 
to sixty days? 

10. Not counting the mileage of members, what is 
the probable cost of a session of the legislature? 

11. Is it wise to give the governor the veto power? 
Why? 

12. Why does the beginning of the term of office 
of the state printer differ from that of the other state 
officers? 

13. Are the salaries of the state officers too high? 

14. Why should their salaries differ? 

15. What are the qualifications of a good governor? 

16. Is the office of lieutenant governor needed? 

17. What qualifications should the secretary of state 
possess? 

18. What are the qualifications of a good auditor? 
Treasurer? Attorney General? 

19. Why is a commissioner of public lands needed? 
Will this office always be an important one? 

20. Is it better to have a state printer than leave 
the state printing open to competition? Why? 

21. Should the governor be given a large patronage 
in appointing officers and boards? Why? 

22. What are the functions of the judicial depart- 
ment of the state government? 

23. Is the Australian system of voting a good one? 

24. If women may vote at school elections, why not 
at any other election? 

25. How is a political party organized? 

26. How many political parties are there at the 
present time in the state? 



l8o HISTORY AND GOVERNMENT OF WASHINGTON. 

27. What causes new parties to be formed? 

28. Why is the maximum number of electors in 
each precinct fixed at 300? 

29. What is the object of registration? 

30. Does any money collected for taxes in the state 
go to the national government? 

31. Should all citizens of the state pay taxes? 
Why? 

32. What conditions of the people do the several 
state institutions suggest? 

33. Why does the state maintain these institutions? 

OUTLINE FOR A CLASS EXERCISE. 

1. The teacher announces that an election will be 
held on a certain day. 

2. Let the teacher assume the offtce of governor 
and issue an election proclamation. 

3. Let the pupils divide themselves into two or 
more parties 

4. Each party holds primary elections for delegates 
to a convention. 

5. The delegates of each party meet in separate 
conventions at stated times and nominate candidates for 
the offices named in the governor's proclamation. 

6. The teacher appoints three pupils to act in the 
capacity of county commissioners. 

7. These three commissioners hold a meeting and 
provide for election places, booths, ballots, and ballot 
boxes, and appoint inspectors and judges of the elec- 
tion, being careful to make selections from the members 
of the several parties. 



THE STATE. l8l 

8. The inspector and judges meet at an appointed 
hour on election day, appoint two clerks, open the polls 
and proceed with the election until the appointed hour 
for closing. 

9. They formally announce the closing of the polls 
and then proceed to count the ballots, which are again 
placed in the ballot box, which is sealed and returned 
to a pupil appointed by the teacher to act as secretary 
of state. 

10. The secretary of state canvasses the ballot and 
announces the result to the governor. 

Caution — Care must be taken in this exercise not 
to engender a party feeling, w^hich may lead to discord 
in the school. To avoid this the following suggestion 
may be followed : Use fictitious names instead of the 
names of the political parties of the state. For exam- 
ple, one party may be called the Liberal party and 
another the Conservative party, etc. 

Note — This kind of exercise will make theoretical 
politics practical, and be very valuable practice for the 
pupils. 

Here are a few similar exercises : 

1. Organize a model state government in the school. 

2. Organize a model legislature and proceed to 
business. 

3. Organize a model court and try some model 
civil cases. 



SUPPLEMENT 



-TO— 



CHAPTER XII. 



THE STATE CONSTITUTION. 



CONSTITUTION, STATE OF WASHINGTON. 



PREAMBLE. 

WE, THE PEOPLE OF THE STATE OF WASHINGTON, GRATEFUL TO THE SUPREME 
RULER OF THE UNIVERSE FOR OUR LIBERTIES, DO ORDAIN THIS CONSTITUTION- 



ARTICLE I. — DECLARATION OF RIGHTS. 

Section i. All political power is inherent in the Political 

11 1 • 1 • • f power. 

people, and governments derive their just powers from 
the consent of the governed, and are estabHshed to 
protect and maintain individual rights. 

Sec. 2. The Constitution of the United States is Supreme law. 
the supreme law of the land. 

Sec. 3. No person shall be deprived of life, lib- Right of trial, 
erty or property without due process of law. 

Sec. 4. The right of petition, and of the people Right of pe- 
peaceably to assemble for the common good shall 
never be abridged. 

Sec. 5. Every person may freely speak, write and Free speech 
publish on all subjects, being responsible for the abuse ^^ r n ee . 
of that right. 

Sec. 6. The mode of administering an oath, or oaths, how ad ■ 

rr • ^ ^^ 1 • ministered. 

ainrmation, shall be such as may be most consistent 
with and binding upon the conscience of the person 
to whom such oath, or afftrmation, may be adminis- 
tered. 

1S5 



1 86 HISTORY AND GOVERNMENT OF WASHINGTON. 



Private affairs 
sacred. 



Irrevocable 
privileges. 



Immunity 
from self con- 
viction. 



Justice, how 
administered. 



Religious 
liberty. 



Special priv- 
ileges shall not 
be granted. 



Sec. 7. No person shall be disturbed in his pri- 
vate affairs, or his home invaded, without authority of 
law. 

Sec. 8. No law granting irrevocably any privilege, 
franchise or immunity shall be passed by the legisla- 
ture. 

Sec. 9. No person shall be compelled in any 
criminal case to give evidence against himself, or be 
twice put in jeopardy for the same offense. 

Sec. 10. Justice in all cases shall be administered 
openly, and without unnecessary delay. 

Sec. II. Absolute freedom of conscience in all 
matters of religious sentiment, belief, and worship, 
shall be guaranteed to every individual, and no one 
shall be molested or disturbed in person or property 
on account of religion, but the liberty of conscience 
hereby secured shall not be so construed as to excuse 
acts of licentiousness, or justify practices inconsistent 
with the peace and safety of the state. No public 
money or property shall be appropriated for or ap- 
plied to any religious worship, exercise or instruction, 
or the support of any religious establishment. No 
religious qualification shall be required for any public 
office or employment, nor shall any person be incom- 
petent as a witness or juror in consequence of his 
opinion on matters of religion, nor be questioned in 
any court of justice touching his religious belief to 
affect the weight of his testimony. 

Sec 12. No law shall be passed granting to any 
citizen, class of citizens, or corporation other than 



CONSTITUTION, STATE OF WASHINGTON. 1 8/ 

municipal, privileges or immunities which upon the 
same terms shall not equally belong to all citizens or 
corporations. 

Sec. 13. The privilege of the writ of habeas wnt of habeas 
corpus shall not be suspended unless in case of re- '^''''^'''" 
bellion or invasion the public safety requires it. 

Sec. 14. Excessive bail shall not be required, ex- Excessive bail, 
cessive fines imposed, nor cruel punishment inflicted. 

Sec. 15. No conviction shall work corruption of corruption of 
blood, nor forfeiture of estate. ^^°'"^- 

Sec. 16. Private property shall not be taken for Taking of pri- 
private use, except for private ways of necessity, ^nd ''^*'' ^'■''^"'*^- 
for drains, flumes or ditches on or across the lands of 
others for agricultural, domestic or sanitary purposes. 
No private property shall be taken or damaged for 
public or private use without just compensation hav- 
ing been first made, or paid into court for the owner, 
and no right-of-way shall be appropriated to the use 
of any corporation other than municipal, until full 
compensation therefor be first made in money, or 
ascertained and paid into the court for the owner, 
irrespective of any benefit from any improvement pro- 
posed by such corporation, which compensation shall 
be ascertained by a jury, unless a jury be waived as 
in other civil cases in courts of record, in the manner 
prescribed by law. Whenever an attempt is made to 
take private property for a use alleged to be public, 
the question whether the contemplated use be really 
public shall be a judicial question, and determined as 
such without regard to any legislative assertion that 
the use is public. 



I 88 HISTORY AND GOVERNMENT OF WASHINGTON. 
No imprison- Sec. 17. There shall be no imprisonment for debt, 

ment for debt. ' ^ ' 

except in case of absconding debtors. 
Military sub- Sec. 1 8. The military shall be in strict subordi- 

ordinate. 

nation to the civil power. 
Elections must Sec. iq. All elections shall be free and equal, and 

be tree and -^ ^ 

equal. j^Q power, civil or military, shall at any time interfere 

to prevent the free exercise of the right of suffrage. 

Bail. Sec. 20. All persons charged with crime shall be 

bailable by sufhcient sureties, except for capital offenses, 
when the proof is evident, or the presumption great. 

Right of trial Sec. 21. The rig-ht of trial by jury shall remain 
inviolate, but the legislature may provide for a jury 
of any number less than twelve in courts not of rec- 
ord, and for a verdict by nine or more jurors in civil 
cases in any court of record and for waiving of the 
jury in civil cases where the consent of the parties 
interested is given thereto. 

Right of de- Sec. 22. In Criminal prosecutions, the accused shall 

fense in court. 

have the right to appear and defend m person and 
by counsel, to demand the nature and cause of the 
accusation against him, to have a copy thereof, to 
testify in his own behalf, to meet the witnesses against 
him face to face, to have compulsory process to com- 
pel the attendance of witnesses in his own behalf, to 
have a speedy public trial by an impartial jury of the 
county in which the offense is alleged to have been 
committed, and the right to appeal in all cases; and 
peaf^^^^^^ in no instance shall any accused person before final 
judgment be compelled to advance money or fees to 
secure the rights herein guaranteed. 



CONSTITUTION, STATE OF WASHINGTON. 1 89 

Sec. 23. No bill of attainder, ex post facto X^i^^ , or Expostfacto 
law impairing the obligations of contracts shall ever 
be passed. 

Sec. 24. The right of the individual citizen to bear Right to bear 
arms in defense of himself or the state shall not be 
impaired, but nothing in this section shall be construed 
as authorizing individuals or corporations to organize, 
maintain or employ an armed body of men. 

Sec. 25. Offenses heretofore required to be prose- Prosecution by 

. , , . , . information. 

cuted by mdictment may be prosecuted by mformation 
or by indictment, as shall be prescribed by law. 

Sec. 26. No grand jury shall be drawn or sum- Grand jury, 
moned in any county, except the superior judge thereof 
shall so order. 

Sec. 27. Treason against the state shall consist Treason, 
only in levying war against the state, or adhering to 
its enemies, or in giving them aid and comfort. No 
person shall be convicted of treason unless on the tes- 
timony of two witnesses to the same overt act, or 
confession in open court. 

Sec. 28. No hereditary emoluments, privileges or Hereditary 
powers shall be granted or conferred in this state. prm eges. 

Sec. 29. The provisions of this constitution are constitution 
mandatory, unless by express words they are declared ^^^ ^*°^^' 
to be otherwise. 

Sec. 30. The enumeration in this constitution of Rights not 
certain rights shall not be construed to deny others 
retained by the people. 

Sec. 31. No standing army shall be kept up by standing 
this state in time of peace, and no soldiers shall in 



IQO HISTORY AND GOVERNMENT OF WASHINGTON. 



time of peace be quartered in any house without the 
consent of its owner, nor in time of war except in the 
manner prescribed by law. 
Ftindamentai Sec. 32. A frequent recurrence to fundamental 
principles is essential to the security of individua 
right and the perpetuity of free government. 



principle. 



ARTICLE II. — LEGISLATIVE DEPARTMENT. 



Limited mem 
bership. 



Legislature. SECTION I . The legislative powers shall be vested 

in a senate and house of representatives, which shall 
be called the legislature of the State of Washington. 

Sec. 2. The house of representatives shall be com- 
posed of not less than sixty-three nor more than ninety- 
nine members. The number of senators shall not be 
more than one-half nor less than one-third of the 
number of members of the house of representatives. 
The first legislature shall be composed of sevent}' 
members of the house of representatives and thirty- 
five senators. 

Sec. 3. The legislature shall provide by law for 
an enumeration of the inhabitants of the state in the 
year one thousand eight hundred and ninety-five, and 
every ten years thereafter; and at the first session 
after such enumeration, and also after each enumera- 
tion made by the authority of the United States, the 
legislature shall apportion and district anew the 
members of the senate and house of representatives, 
according to the number of inhabitants, excluding 
Indians not taxed, soldiers, sailors and officers of the 
United States army and navy in active service. 



state census. 



CONSTITUTION, STATE OF WASHINGTON. 19I 

Sec. 4. Members of the house of representatives First election 
shall be elected in the year eighteen hundred andtives.^ 
eighty-nine, at the time and in the manner provided 
by this constitution, and shall hold their offices for the_ 

^ ' Tenure of 

term of one year and until their successors shall be office, 
elected. 

Sec. 5. The next election of the members of the second and 

-^ sabseqnent 

house of representatives after the adoption of this con- ^^^^*^°"^- 
stitution shall be on the first Tuesday after the first 
Monday of November, eighteen hundred and ninety, 
and thereafter, members of the house of representa- 
tives shall be elected biennially, and their term of 
ofBce shall be two years; and each election shall be 
on the first Tuesday after the first Monday in Novem- 
ber, unless otherwise changed by law. 

Sec. 6. After the first election the senators shall ^^lection of 

state senators. 

be elected by single districts of convenient and con- 
tiguous territory at the same time and in the same 
manner as members of the house of representatives 
are required to be elected, and no representative dis- 
trict shall be divided in the formation of a senatorial 
district. They shall be elected for the term of four 
years, one-half of their number retiring every two 
years. The senatorial districts shall be numbered 
consecutively, and the senators chosen at the first 
election had by virtue of this constitution, in odd 
numbered districts, shall go out of ofhce at the end of 
the first year, and the senators elected in the even 
numbered districts shall go out of ofifice at the end of 
the third year. 



192 HISTORY AND GOVERNMENT OF WASHINGTON. 



Election re- 
turns. 



Qnorum. 



Rules. 



Eligibility. Sec. 7. No person shall be eligible to the legis- 

lature who shall not be a citizen of the United States 
and a qualified voter in the district for which he is 
chosen. 

Sec. 8. Each house shall be the judge of the 
election, returns and qualifications of its own mem- 
bers, and a majority of each house shall constitute a 
quorum to do business, but a smaller number may 
adjourn from day to day and may compel the attend- 
ance of absent members in such manner and under 
such penalties as each house may provide. 

Sec. 9. Each house may determine the rules of 
its own proceedings, punish for contempt and disorderly 
behavior, and, with the concurrence of two-thirds of 
all the members elected, expel a member, but no 
member shall be expelled a second time for the same 
offense. 

Sec. 10. Each house shall elect its own offtcers, 
and when the lieutenant governor shall not attend as 
president, or shall act as governor, the senate shall 
choose a temporary president. When presiding, the 
lieutenant governor shall have the deciding vote in 
case of an equal division of the senate. 

Sec. II. Each house shall keep a journal of its 
proceedings and publish the same, except such parts 
as require secrecy. The doors of each house shall be 
kept open, except when the public welfare shall re- 
quire secrecy. Neither house shall adjourn for more 
Adjournment, than three days, nor to any place other than that in 



Officers of 
each house. 



Journal. 



CONSTITUTION, STATE OF WASHINGTON. 1 93 

which they may be sitting, without the consent of the 
other. 

Sec. 12. The first leg^islature shall meet on the Meetings of 

, the legislature 

first Wednesday after the first Monday in November, 
A. D. 1889. The second legislature shall meet on the 
first Wednesday after the first Monday in January, A. 
D. 1 89 1, and sessions of the legislature will be held 
biennially thereafter, unless specially convened by .the 
governor, but the times of meeting of subsequent ses- 
sions may be changed by the legislature. After thcsio™!*^ ^^^' 
first legislature the sessions shall not be more than 
sixty days. 

Sec. 13. No member of the legislature, during the ineligibility of 
term- for which he is elected, shall be appointed or certain offices, 
elected to any civil ofiice in the state, which shall 
have been created, or the emoluments of which shall 
have been increased, during the term for which he 
was elected. 

Sec. 14. No person, being a member of congress, who are ineli- 
gible to mem- 
or holding^ any civil or military ofhce under the United bership in 

^ ^ J legislature. 

States or any other power, shall be eligible to be a 
member of the legislature ; and if any person after his 
election as a member of the legislature shall be 
elected to congress or be appointed to any other ofhce, 
civil or military, under the government of the United 
States, or any other power, his acceptance thereof 
shall vacate his seat: Provided, That officers in the 
militia of the state who receive no annnal salary, local 
officers and postmasters, whose compensation does not 



194 HISTORY AND GOVERNMENT OF WASHINGTON. 



Vacancies. 



Immanity 
from arrest. 



Free speech. 



Style of laws. 



But one sub- 
ject in bill. 



Either house 
may amend. 



Yeas and nays. 



Yeas and nays 
in passage of 
bill 



exceed three hundred dollars per annum, shall not be 
ineligible. 

Sec. 15. The governor shall issue writs of election 
to fill such vacancies as may occur in either house of 
the legislature. 

Sec. 16. Members of the legislature shall be priv- 
ileged from arrest in all cases except treason, felony 
and breach of the peace ; they shall not be subject to 
any civil process during the session of the legislature, 
nor for fifteen days next before the commencement of 
each session. 

Sec. 17. No member of the legislature shall be 
liable in any civil action or criminal prosecution what- 
ever for words spoken in debate. 

Sec. 18. The style of the laws of the state shall 
be: "Be it enacted by the legislature of the State of 
Washington." And no law shall be enacted except 
by bill. 

Sec. 19. No bill shall embrace more than one 
subject, and that shall be expressed in the title. 

Sec. 20. Any bill may originate in either house 
of the legislature, and a bill passed by one house may 
be amended in the other. 

Sec. 21. The yeas and nays of the members oj 
either house shall be entered on the journal on the 
demand of one-sixth of the members present. 

Sec. 22. No bill shall become a law unless on its 
final passage the vote be taken by yeas and nays, the 
names of the members voting for and against the same 
be entered on the journal of each house, and a majority 



CONSTITUTION, STATE OF WASHINGTON. 195 

of the members elected to each house be recorded 
thereon as voting in its favor. 

Sec. 23. Each member of the legislature shall re- Compensation 

of inembfrs. 

ceive for his services five dollars for each day s attend- 
ance during the session, and ten cents for every mile he 
shall travel in going to and returning from the place 
of meeting of the legislature, on the most usual route. 

Sec. 24. The legislature shall never authorize anyyorcef^"" ^" 
lottery or grant any divorce. 

Sec. 25. The legislature shall never grant any extra Extra com- 
pensation for- 
compensation to any public officer, agent, servant or bidden. 

contractor after the services shall have been rendered 

or the contract entered into, nor shall the compensation 

of any public officer be increased or diminished during 

his term of office. 

Sec. 26. The legislature shall direct by law in what snit against 
manner and in what courts suits may be brought against 
the state. 

Sec. 27. In all elections by the legislature the mem- j^ethod of 
bers shall vote viva voce, and their votes shall be en-^^*^"^' 
tered on the journal. 

SPECIAL LEGISLATION. 
Sec. 28. The legislature is prohibited from enacting^ Private laws 

. , forbidden in 

any private or special law in the following cases : certain cases 

1. For changing the names of persons, or con- 
stituting one person the heir at law of another. 

2. For laying out, opening or altering highways, 
except in cases of state roads extending into more than 
one county, and military roads, to aid in the construe- 



196 HISTORY AND GOVERNMENT OF WASHINGTON. 

tion of which lands shall have been or may be granted 
by congress. 

3. For authorizing persons to keep ferries wholly 
within this state. 

4. For authorizing the sale or mortgage of real or 
personal property of minors, or others under disability. 

5. For assessment or collection of taxes, or for ex- 
tending the time for collection thereof. 

6. For granting corporate powers or privileges. 

7. For authorizing the apportionment of any part 
of the school fund. 

8. For incorporating any town or village, or to 
amend the charter thereof. 

9. [From] giving effect to invalid deeds, wills or 
other instruments. 

10. Releasing or extinguishing, in whole or in 
part, the indebtedness, liability or other obligation of 
any person or corporation to this state, or to any 
municipal corporation therein. 

11. Declaring any person of age, or authorizing 
any minor to sell, lease or encumber his or her prop- 
erty. 

12. Legalizing, except as against the state, the 
unauthorized or invalid act of any offtcer. 

13. Regulating the rates of interest on money. 

14. Remitting fines, penalties or forfeitures. 

15. Providing for the management of common 
schools. 

16. Authorizing the adoption of children. 

17. For limitation of civil or criminal action. 



CONSTITUTION, STATE OF WASHINGTON. IQ/ 

i8. Changing county lines, locating or changing 
county seats : Provided, This shall not be construed to 
apply to the creation of new counties. 

Sec. 29. After the first day of January, eighteen Labor of con- 
hundred and ninety, the labor of convicts of this state 
shall not be let out by contract to any person, co- 
partnership, company or corporation, and the legisla- 
ture shall by law provide for the working of convicts 
for the benefit of the state. 

Sec. 30. The offense of corrupt solicitation of cormpt eoiici- 
members of the legislature, or of public officers of the 
state or any municipal division thereof, and any occu- 
pation or practice of solicitation of such members or 
officers to influence their official action, shall be de- 
fined by law, and shall be punished by fine and 
imprisonment. Any person may be compelled to 
testify in any lawful investigation or judicial proceed- 
ing against any person who may be charged with 
having committed the offense of bribery or corrupt 
solicitation, or practice of solicitation, and shall not 
be permitted to withhold his testimony on the ground 
that it may criminate himself or subject him to public 
infamy, but such testimony shall not afterwards be 
used against him in any judicial proceeding — except 
for perjury in giving such testimony — and any person 
convicted of either of the offenses aforesaid, shall, as 
part of the punishment therefor, be disqualified from 
ever holding any position of honor, trust or profit in 
this state. A member w4io has a private interest in Members shall 
any bill or measure proposed or pending before the certain cases. 



198 HISTORY AND GOVERNMENT OF WASHINGTON. 

legislature shall disclose the fact to the house of which 
he is a member, and shall not vote thereon. 

Laws take Sec. 3 1. No law, except appropriation bills, shall 

take effect until ninety days after the adjournment of 
the session at which it was enacted, unless in case of 
an emergency (which emergency must be expressed 
in the preamble or in the body of the act) the legis- 
lature shall otherwise direct by a vote of two-thirds of 
all the members elected to each house, said vote to 
be taken by yeas and nays and entered on the jour- 
nals. 

Presiding offi- Sec. 32. No bill shall become a law until the same 

cers to sign 

bill. shall have been signed by the presiding ofhcer of each 

of the two houses in open session, and under such rules 
as the legislature shall prescribe. 
Ownership of Sec. 33. The Ownership of lands by aliens, other 
aliens. ' than those who in good faith have declared their in- 

tention to become citizens of the United States, is 
prohibited in this state, except where acquired by in- 
heritance, under mortgage or in good faith in the ordi- 
nary course of justice in the collection of debts ; and 
all conveyances of lands hereafter made to any alien 
directly, or in trust for such alien, shall be void: Pro- 
vided^ That the provisions of this section shall not 
apply to lands containing valuable deposits of minerals, 
metals, iron, coal or fire clay, and the necessary land 
for mills and machinery to be used in the development 
thereof and the manufacture of the products therefrom. 
Every corporation, the majority of the capital stock of 
which is owned by aliens, shall be considered an alien 
for the purposes of this prohibition. 



CONSTITUTION, STATE OF WASHINGTON. 1 99 

Sec. 34. There shall be established in the office of Bureau of sta- 
the secretary of state, a bureau of statistics, agriculture 
and immigration, under such regulations as the legis- 
lature may provide. 

Sec. 35. The legislature shall pass necessary laws l^i^s relating 
for the protection of persons working in mines, factories facTorSel^" 
and other employments dangerous to life and deleter- 
ious to health ; and fix pains and penalties for the 
enforcement of same. 

Sec. 36. No bill shall be considered in either house introduction 

, , . ... , . 1 1, 1 1 of bills limited. 

unless the time of its introduction shall have been at 
least ten days before the final adjournment of the leg- 
islature, unless the legislature shall otherwise direct by 
a vote of two-thirds of all the members elected to each 
house, said vote to be taken by yeas and nays and 
entered upon the journal, or unless the same be at a 
special session. 

Sec. 37. No act shall ever be revised or amended Amending 
by mere reference to its title, but the act revised or the 
section amended shall be set forth at full length. 

Sec. 38. No amendment to any bill shall be Amendment 
allowed which shall change the scope and object of 
the bill. 

Sec. 39. It shall not be lawful for any person hold- Passes forbid 
ing public office in this state to accept or use a pass 
or to purchase transportation from any railroad or other 
corporation, other than as the same may be purchased 
by the general public, and the legislature shall pass 
laws to enforce this provision. 



200 HISTORY AND GOVERNMENT OF WASHINGTON. 



ARTICLE III. — THE EXECUTIVE. 



Executive de- 
partment con- 
fliats of whom. 



Governor. 



Tennre of 
oflace. 



Other officers. 



Tenure of 
office. 



Election of ex 
ecntive offi- 
cers.— Re- 
turns, 



Certificate of 
election. 



Section i. The executive department shall consist 
of a governor, lieutenant-governor, secretary of state, 
treasurer, auditor, attorney general, superintendent of 
public instruction, and a commissioner of public lands, 
who shall be severally chosen by the qualified electors 
of the state at the same time and place of voting as for 
the members of the legislature. 

Sec. 2. The supreme executive power of this state 
shall be vested in a governor, who shall hold his office 
for a term of four years, and until his successor is 
elected and qualified. 

Sec. 3. The lieutenant-governor, secretary of state, 
treasurer, auditor, attorney general, superintendent of 
public instruction and commissioner of public lands, 
shall hold their offices for four years, respectively, and 
until their successors are elected and qualified. 

Sec. 4. The returns of every election for the officers 
named in the first section of this article shall be sealed 
up and transmlitted to the seat of government by the 
returning officers, directed to the secretary of state, 
who shall deliver the same to the speaker of the house 
of representatives at the first meeting of the house 
thereafter, who shall open, publish and declare the 
result thereof in the presence of a majority of the mem- 
bers of both houses. The person having the highest 
number of votes shall be declared duly elected, and a 
certificate thereof shall be given to such person, signed 
by the presiding officers of both houses ; but if any two 
or more shall be highest and equal in votes for the same 



CONSTITUTION, STATE OF WASHINGTON. 201 

office, one of them shall be chosen by the joint vote ^j<^^*?^^e<* 
of both houses. Contested elections for such officers 
shall be decided by the legislature in such manner as 
shall be decided by law. The terms of all officers 
named in section one of this article shall commence on 
the second Monday in January after their election, until 
otherwise provided by law. 

Sec. 5. The governor may require information in ^^^^^^^ °^ 8°^" 
writing from the officers of the state upon any subject 
relating to the duties of their respective offices, and 
shall see that the laws are faithfully executed. 

Sec. 6. He shall communicate at every session by Message, 
message to the legislature the condition of the affairs 
of the state, and recommend such measures as he shall 
deem expedient for their action. 

Sec. 7. He may, on extraordinary occasions, con- ,May convene 

, . legislature in 

vene the legislature by proclamation, in which shall be ®^^^^ s®^^i<^^- 
stated the purposes for which the legislature is convened. 

Sec. 8. He shall be commander-in-chief of the mil- Commander- 
in-chief. 

itary in the state except when they shall be called into 
the service of the United States. 

Sec. 9. The pardoning power shall be vested in the^^^^^^i^s 
governor under such regulations and restrictions as may 
be prescribed by law. 

Sec. 10. In case of the removal, resignation, death Duties shall 

devolve on 

or disability of the e^overnor, the duties of the office lieatenant-gov- 

ernor, when. 

shall devolve upon the lieutenant-governor, and in case 
of a vacancy in both the offices of governor and lieu- 
tenant-governor, the duties of governor shall devolve 



202 HISTORY AND GOVERNMENT OF WASHINGTON. 

upon the secretary of state, who shall act as governor 
until the disability be removed or a governor be elected. 

SimUtiSes'^^^ Sec. II. The governor shall have power to remit 
*^^^' fines and forfeitures, under such regulations as may be 

prescribed by law, and shall report to the legislature 
at its next meeting each case of reprieve, commuta- 
tion, or pardon granted, and the reasons for granting 
the same, and also the names of all persons in whose 
favor remission of fines and forfeitures shall have been 
made, and the several amounts remitted and the rea- 
sons for the remission. 

Duties of gov- gg^ 12. Every act which shall have passed the 

ernorm regard -^ ^ 

ofiTw?— ve- legislature shall be, before it becomes a law, presented 
^^^^' to the governor. If he approves, he shall sign it; but 

if not, he shall return it, with his objections, to that 
house in which it shall have originated, which house 
shall enter the objections at large upon the journal and 
proceed to reconsider. If, after such reconsideration, 
two-thirds of the members present shall agree to pass 
the bill, it shall be sent, together with the objections, 
to the other house, by which it shall likewise be recon- 
sidered, and if approved by two-thirds of the members 
present, it shall become a law; but in all such cases 
the vote of both houses shall be determined by the 
yeas and nays, and the names of the members voting 
for or against the bill shall be entered upon the journal 
of each house respectively. If any bill shall not be 
returned by the governor within five days, Sunday ex- 
cepted, after it shall be presented to him, it shall 
become a law without his signature, unless the general 



CONSTITUTION, STATE OF WASHINGTON. 203 

adjournment shall prevent its return, in which case it 
shall become a law unless the governor, within ten days 
next after the adjournment, Sundays excepted, shall 
file such bill, with his objections thereto, in the office 
of secretary of state, who shall lay the same before the 
legislature at its next session in like manner as if it had 
been returned by the governor. If any bill presented 



to the governor contain several sections or items, he ^[ "^^^'^^ ^^^^^^ 



May veto one 
or more items 
or sections. 

may object to one or more sections or items while ap- 
proving other portions of the bill. In such case he 
shall append to the bill, at the time of signing it, a 
statement of the section or sections, item or items to 
which he objects, and the reasons therefor, and the sec- 
tion or sections, item or items so objected to shall not 
take effect unless passed over the governor's objection, 
as hereinbefore provided. 

Sec. 13. When, during a recess of the legislature, fhi vacancies 
a vacancy shall happen in any office, the appointment noent.^^*" ' 
to which is vested in the legislature, or when at any 
time a vacancy shall have occurred in any other state 
office, for the filling of which vacancy no provision is 
made elsewhere in this constitution, the governor shall 
fill such vacancy by appointment, which shall expire 
when a successor shall have been elected and qualified. 

Sec. 14. The e^overnor shall receive an annual Salary of gov- 

^ ° ernor. 

salary of four thousand dollars, which may be increased 
by law, but shall never exceed six thousand dollars 
per annum. 

Sec. 15. All commissions shall issue in the name He shaiiissne 
of the state, shall be signed by the governor, sealed sions. 



Salary. 



204 HISTORY AND GOVERNMENT OF WASHINGTON. 

with the seal of the state, and attested by the secre- 
tary of state. 
Duties of lieu- Sec. 1 6. The Heutenant-governor shall be presld- 
ernor. ^^^ ing ofificer of the state senate, and shall discharge such 
other duties as may be prescribed by law. He shall 
receive an annual salary of one thousand dollars, 
which may be increased by the legislature, but shall 
never exceed three thousand dollars per annum. 

Duties of sec- Sec. I/. The Secretary of state shall keep a rec- 
rearyo « ^ e- ^j.^ ^j ^.j^^ oflficial acts of the legislature and cxccutivc 
department of the state, and shall, when required, lay 
the same and all matters relative thereto, before either 
branch of the legislature, and shall perform such other 
Salary. duties as shall be assigned him by law. He shall re- 

ceive an annual salary of twenty-five hundred dollars, 
which may be increased by the legislature, but shall 
never exceed three thousand dollars per annum. 

Shall keep Sec. 1 8. There shall be a seal of the state kept 

state seal. ^^ ^^^^ Secretary of state for official purposes, which 

shall be called "The Seal of the State of Washington." 

Seas^urer ^^^*^ Sec. 19. The treasurer shall perform such duties 

as shall be prescribed by law. He shall receive an 

annual salary of two thousand dollars, which may be 

^^^^' increased by the legislature, but shall never exceed 

four thousand dollars per annum. 

Duties of state Se(- 20. The auditor shall be auditor of public 

auditor. ^ 

accounts, and shall have such powers and perform 
such duties in connection therewith as may be pre- 
scribed by law. He shall receive an annual salary of 
two thousand dollars, which may be increased by the 



Salary. 



CONSTITUTION, STATE OF WASHINGTON. 205 

legislature, but shall never exceed three thousand dol- 
lars per annum. 

Sec. 21. The attorney-general shall be the legal Duties of attor- 

ney-general. 

adviser of the state officers, and shall perform such 
other duties as may be prescribed by law. He shall 
receive an annual salary of two thousand dollars, Salary, 
which may be increased by the legislature, but shall 
never exceed thirty-five hundred dollars per annum. 

Sec. 22. The superintendent of public instruction Duties of su- 

. . perintendent 

shall have supervision over all matters pertaining to of public in- 

struction. 

public schools, and shall perform such specific duties 
as may be prescribed by law. He shall receive an 
annual salary of twenty-five hundred dollars, which ^^^^^y- 
may be increased by law, but shall never exceed four 
thousand dollars per annum. 

Sec. 23. The commissioner of public lands shall Land commis- 

1 1 • 1 • 1 • sioner. 

perform such duties and receive such compensation as 
the legislature may direct. 

Sec 24. The governor, secretary of state, treas- Certain offices 

. ^ . ^ . . to be kept at 

urer, auditor, superintendent of public instruction, capital, 
commissioner of public lands and attorney-general 
shall severally keep the public records, books and 
papers relating to their respective offices, at the seat 
of government, at which place also the governor, sec- 
retary of state, treasurer and auditor shall reside. 

Sec. 25. No person, except a citizen of the United Eligibility to 

state office. 
States and a qualified elector of this state, shall be 

eligible to hold any state office, and the state treas- 
urer shall be ineligible for the term succeeding that 
for which he was elected. The compensation for state 



206 HISTORY AND GOVERNMENT OF WASHINGTON. 

officers shall not be increased or diminished during 

the term for which they shall have been elected. The 

Certain offices lep^islaturc may, in its discretion, abolish the offices of 

may be abol- ° ■^ _ ' 

ished. the lieutenant-governor, auditor, and commissioner of 

public lands. 

ARTICLE IV. — THE JUDICIARY, 
snpremeconrt. SECTION I. The judicial Dowcr of the state shall 

Infenorcourts. 

be vested in a supreme court, superior courts, justices 
of the peace, and such inferior courts as the legisla- 
ture may provide. 
STipreme court Sec 2. The Supreme court shall consist of five 

consists of ^ 

whom. judges, a majority of whom shall be necessary to form 

a quorum and pronounce a decision. The said court 
shall always be open for the transaction of business 
except on non-judicial days. In the determination of 
causes, all decisions of the court shall be given in 
writing, and the grounds of the decision shall be stated. 
The legislature may increase the number of judges of 
the supreme court from time to time, and may pro- 
vide for separate departments of said court. 

D^udgeT-Eiec- ^^^- 3' The judges of the supreme court shall be 

tion. elected by the qualified electors of the state at large, 

at the general state election, at the time and places 
at which state officers are elected, unless some other 
time be provided by the legislature. The first elec- 
tion of judges of the supreme court shall be at the 
election which shall be held upon the adoption of this 

office^^^^ constitution, and the judges elected thereat shall be 
classified, by lot, so that two shall hold their office 
for the term of three years, two for a term of five 



CONSTITUTION, STATE OF WASHINGTON. 20/ 

years, and one for the term of seven years. The lot 
shall be drawn by the judges, who shall for that pur- 
pose assemble at the seat of government, and they 
shall cause the result thereof to be certified to the 
secretary of state, and filed in his office. The judge 
having the shortest term to serve, not holding his 
office by appointment or election to fill a vacancy, 
shall be the chief justice, and shall preside at all ses-CMef justice, 
sions of the supreme court, and in case there shall be 
two judges having in like manner the same short term, 
the other judges of the supreme court shall determine 
which of them shall be chief justice. In case of the 
absence of the chief justice, the judge having in like 
manner the shortest or next shortest term to serve 
shall preside. After the first election the terms of 
judges elected shall be six years from and after the 
second Monday in January next succeeding their elec- 
tion. If a vacancy occur in the office of a judge of J^^J^^^' ^"^^ 
the supreme court, the governor shall appoint a person 
to hold the office until the election and qualification 
of a judge to fill the vacancy, which election shall 
take place at the next succeeding general election, 
and the judge so elected shall hold the office for the 
remainder of the unexpired term. The term of office 
of the judges of the supreme court, first elected, shall 
commence as soon as the state shall have been admit- 
ted into the Union, and continue for the term herein 
provided, and until their successors are elected and 
qualified. The sessions of the supreme court shall be 
held at the seat of government until otherwise pro- 
vided by laiv. 



2o8 HISTORY AND GOVERNMENT OF WASHINGTON 



fupreme*coun! ^^^' 4' ^^^ Supreme court shall have original 
jurisdiction in habeas corpus, and quo warranto and 
mandamus as to all state officers, and appellate juris- 
diction in all actions and proceedings, excepting that 
its appellate jurisdiction shall not extend to civil 
actions at law for the recovery of money or personal 
property when the original amount in controversy, or 
the value of the property, does not exceed the sum 
of two hundred dollars ($200), unless the action in- 
volves the legality of a tax, impost, assessment, toll, 
municipal fine, or the validity of a statute. The 
supreme court shall also have power to issue writs of 
mandamus, review, prohibition, habeas corpus, certior- 
ari and all other writs necessary and proper to the 
complete exercise of its appellate and revisory juris- 
diction. Each of the judges shall have power to issue 
writs of habeas corpus to any part of the state upon 
petition by or on behalf of any person held in actual 
custody, and may make such writs returnable before 
himself, or before the supreme court, or before any 
superior court of the state, or any judge thereof. 

Sec. 5. There shall be in each of the organized 
counties of this state a superior court for which at 
least one judge shall be elected by the qualified elec- 
tors of the county at the general state election : Pro- 
vided, That until otherwise directed by the legislature 
one judge only shall be elected for the counties of 
Spokane and Stevens; one judge for the county of 
Whitman; one judge for the counties of Lincoln, 
Okanogan, Douglas and Adams; one judge for the 
counties of Walla Walla and Franklin; one judge for 



Powers of 
judges. 



Superior 
courts. 



CONSTITUnON, STATE OF WASHINGTON. 209 

the counties of Columbia, Garfield and x\sotin ; one 
judge for the counties of Kittitas, Yakima and Klick- 
itat; one judge for the counties of Clark, Skamania, 
Pacific, Cowlitz and Wahkiakum ; one judge for the 
counties of Thurston, Chehalis, Mason and Lewis ; one 
judge for the county of Pierce; one judge for the 
county of King; one judge for the counties of Jeffer- 
son, Island, Kitsap, San Juan and Clallam, and one 
judge for the counties of Whatcom, Skagit and Sno- 
homish. In any county where there shall be more 
than one superior judge, there may be as many ses- sessions of 

. , . 1 . 1 court. 

sions of the superior court at the same time as there 
are judges thereof, and whenever the governor shall 
direct a superior judge to hold court in any county 
other than that for which he had been elected, there 
may be as many sessions of the superior court in said 
county at the same time as there are judges therein, 
or assigned to duty therein by the governor, and the 
business of the court shall be so distributed and as- 
signed by law, or, in the absence of legislation therefor, 
by such rules and orders of court, as shall best pro- 
mote and secure the convenient and expeditious 
transaction thereof. The judgments, decrees, orders 
and proceedings of any session of the superior court 
held by any one or more of the judges of such court 
shall be equally effectual as if all the judges of said 
court presided at such session. The first superior Tenure of 

office of snpe- 

judges elected under this constitution shall hold their nor judges, 
office for the period of three years, and until their 
successors shall be elected and qualified, and thereaf- 
ter the term of office of all superior judges in this 



2IO HISTORY AND GOVERNMENT OF WASHINGTON. 

State shall be for four years from the second Monday 
in January next succeeding their election, and until 
their successors are elected and qualified. The first 
election of judges of the superior court shall be at the 
election held for the adoption of this constitution. If 
a vacancy occurs in the ofiice of judge of the superior 
court, the governor shall appoint a person to hold the 
office until the election and qualification of a judge to 
fill the vacancy, which election shall be at the next 
succeeding general election, and the judge so elected 
shall hold office for the remainder of the unexpired 
term. 
Jurisdiction of Sec. 6. The Superior court shall have original ju- 

supenor ^ ^ o j 

courts. risdiction in all cases in equity, and in all cases at law 

which involve the title or possession of real property, 
or the legality of any tax, impost, assessment, toll or 
municipal fine, and in all other cases in which the 
demand, or the value of the property in controversy 
amounts to one hundred dollars, and in all criminal 
cases amounting to felony, and in all cases of misde- 
meanor not otherwise provided for by law; of actions 
of forcible entry and detainer; of proceedings in in- 
solvency ; of actions to prevent or abate a nuisance ; 
of all matters of probate, of divorce, and for annul- 
ment of marriage ; and for such special cases and 
proceedings as are not otherwise provided for. The 
superior court shall also have original jurisdiction in 
all cases and of all proceedings in which jurisdiction 
shall not have been by law vested exclusively in some 
other court; and said court shall have the power of 
naturalization, and to issue papers therefor. They 



CONSTITUTION, STATE OF WASHINGTON. 211 

shall have such appellate jurisdiction in cases arising 
in justice's and other inferior courts in their respective 
counties as may be prescribed by law. They shall 
be always open except on non-judicial days, and their 
process shall extend to all parts of the state. Said 
courts and their judges shall have power to issue 

... Powers of 

writs of mandamus, quo warranto, review, certiorari, judges and 

1 '1 • • 1 • • • 1 courts. 

prohibition and writs of habeas corpus, on petition by 
or on behalf of any person in actual custody in their 
respective counties. Injunctions and writs of prohibi- 
tion and of habeas corpus may be issued and served 
on legal holidays and non-judicial days. 

Sec. 7. The judge of any superior court may hold Judges may 

' J & y r- J ]^q1(J court in 

a superior court in any county at the request of the ^^y^^^^^^^ty *^y 
judge of the superior court thereof, and upon the re- 
quest of the governor it shall be his duty to do so. 
A case in the superior court may be tried by a judge 
pro tempore, who must be a member of the bar, agreed 

... .... 1 . Pro tempore 

upon in writing by the parties litigant, or their attor- judges, 
neys of record, approved by the court, and sworn to 
try the case. 

Sec. 8. Any judicial officer who shall absent him- Leave of ab- 

1, , , , , . . sence of 

self from the state for more than sixty consecutive judges, 
days shall be deemed to have forfeited his office : 
Provided, That in case of extreme necessity the gov- 
ernor may extend the leave of absence such time as 
the necessity therefor shall exist. 

Sec. Q. Any iude^e of any court of record, the Removal of ju- 

/ •' ^ ^ . ' dicial officer by 

attorney-general, or any prosecuting attorney may be legislature, 
removed from office by joint resolution of the legis- 



212 HISTORY AND GOVERNMENT OF WASHINGTON. 

lature, in which three-fourths of the members elected 
to each house shall concur, for incompetency, corrup- 
tion, malfeasance, or delinquency in of^ce, or other 
sufficient cause stated in such resolution. But no re- 

Proceedings. moval shall be made unless the officer complained of 
shall have been served with a copy of the charges 
against him as the ground of removal, and shall have 
an opportunity of being heard in his defense. Such 
resolution shall be entered at length on the journal of 
both houses, and on the question of removal the ayes 
and nays shall also be entered on the journal. 

Justices of the Sec. 10. The legislature shall determine the number 
of justices of the peace to be elected in incorporated 
cities or towns and in precincts, and shall prescribe by 
law the powers, duties and jurisdiction of justices of 
the peace : Provided, That such jurisdiction granted 
by the legislature shall not trench upon the jurisdic- 
tion of superior or other courts of record, except that 
justices of the peace may be made police justices of 
incorporated cities and towns. In incorporated cities 
or towns having more than five thousand inhabitants 
the justices of the peace shall receive such salary as 
may be provided by law, and shall receive no fees 
for their own use. 

Conrts of Sec. II. .The Supreme court and the superior 

courts shall be courts of record, and the legislature 
shall have power to provide that any of the courts of 
this state, excepting justices of the peace, shall be 
courts of record. 

inferiorcourts, Sec. 12. The legislature shall prescribe by law the 

jurisdiction of. . . . , , . . . 

jurisdiction and powers of any of the inferior courts 



CONSTITUTION, STATE OF WASHINGTON. 2I3 

which may be estabhshed in pursuance of this consti- 
tution. 

Sec. 13. No judicial officer, except court commis- Compensation 

of judicial 

sioners and unsalaried justices of the peace, shall officers. 
receive to his own use any fees or perquisites of office. 
The judges of the supreme court and judges of the 
superior court shall severally, at stated times, during 
their continuance in office, receive for their services 
the salaries prescribed by law therefor, which shall 
not be increased after their election, nor during the 
term for which they shall have been elected. The sal-^ , 

^ Salary of sn- 

aries of the judges of the supreme court shall be paid go^^p^j^^^^' 
by the state. One-half of the salary of each of the 
superior court judges shall be paid by the state, and 
the other one-half by the county or counties for which 
he is elected. In cases where a judge is provided for 
more than one county, that portion of his salary which 
is to be paid by the counties shall be apportioned 
between or among them according to the assessed value 
of their taxable property, to be determined by the 
assessment next preceding the time for which such sal- 
ary is to be paid. 

Sec. 14. Each of the judges of the supreme court salaries of 
shall receive an annual salary of four thousand dollars amoTint per 

. . aunum. 

($4,000); each of the superior court judges shall 
receive an annual salary of three thousand dollars 
($3,000), which said salaries shall be payable quar- 
terly. The legislature may increase the salaries of 
the judges herein provided. 

Sec. 15. The judges of the supreme court and the Judges ineli- 
gible to any 
judges of the superior court shall be ineligible to any other office. 



214 HISTORY AND GOVERNMENT OF WASHINGTON. 

other office or public employment than a judicial office 
or employment, during the term for which they shall 
have been elected. 

Charge to jury. Sec. 1 6. Judges shall not charge juries with respect 
to matters of fact, nor comment thereon, but shall de- 
clare the law. 

Eligibility to Sec. 17. No person shall be eligible to the office 

judgeship. / tr t> 

of judge of the supreme court or judge of a superior 
court unless he shall have been admitted to practice 
in the courts of record of this state or of the Territory 
of Washington. 
Reporter for Sec. 1 8. The judges of the supreme court shall 

supreme court. 

appoint a reporter for the decisions of that court, who 
shall be removable at their pleasure. He shall receive 
such annual salary as shall be prescribed by law. 
Judges shall Sec. iq. No judge of a court of record shall 

not practice ... e -i • i • i • 

law. practice law in any court of this state during his con- 

tinuabce in office. 
Decision of Sec. 20. Every cause submitted to a judge of a 

cases by 8u- , . . , . . i n i i • i i i 

perior judge, supenor court lor his decision shall be decided by 

limit of time. 

him within ninety days from the submission thereof: 
Provided, That if, within said period of ninety days a 
rehearing shall have been ordered, then the period 
within which he is to decide shall commence at the 
time the cause is submitted upon such a rehearing. 
Publications of ggc. 2 1. The Iccjislature shall provide for the 

opinions of <=> ir 

supreme court. gpge(]y publication of Opinions of the supreme court, 
and all opinions shall be free for publication by an)' 
person. 

Clerk of su- Sec 22. The judgcs of the supreme court shall 

appoint a clerk of that court, who shall be removable 



CONSTITUTION, STATE OF WASHINGTON. 21 5 

at their pleasure, but the legislature may provide for 
the election of the clerk of the supreme court and 
prescribe the term of his office. The clerk of the su- 
preme court shall receive such compensation, by salary 
only, as shall be provided by law. 

Sec. 23. There may be appointed in each county, Court commis- 

... sioners.pow- 

by the judge of the superior court having jurisdiction ers of. 
therein, one or more court commissioners, not exceed- 
ing three in number, who shall have authority to 
perform like duties as a judge of the superior court 
at chambers, subject to revision by such judge, to 
take depositions and to perform such other business 
connected with the administration of justice as may 
be prescribed by law. 

Sec. 24. The juds^es of the superior courts shall, Rules of 

^ } ^ i^ courts. 

from time to time, establish uniform rules for the gov- 
ernment of the superior courts. 

Sec. 25. Superior judges shall, on or before the superior 

/- 1 f TVT 1 • 1 ... judges to re- 

nrst day of JNovember in each year, report in writing port to su- 

1 • 1 r 1 preme judges. 

to the judges of the supreme court such defects and 
omissions in the laws as their experience may suggest, 
and the judges of the supreme court shall, on or be- 
fore the first day of January in each year, report in 
writing to the governor such defects and omissions in 
the laws as they may believe to exist. 

Sec. 26. The county clerk shall be, by virtue ofcierkofsu- 
his office, clerk of the superior court. perior court. 

Sec. 27. The style of all process shall be, " The style of pro- 
State of Washington," and all prosecutions shall be 
conducted in its name and by its authority. 



2l6 HISTORY AND GOVERNMENT OF WASHINGTON. 

^aidges^^""^ Sec. 28. Every judge of the supreme court and 
every judge of a superior court shall, before entering 
upon the duties of his office, take and subscribe an 
oath that he will support the constitution of the 
United States and the constitution of the State of 
Washington, and will faithfully and impartially dis- 
charge the duties of judge to the best of his ability, 
which oath shall be filed in the office af the secretary 
of state. 

ARTICLE V. — IMPEACHMENT. 

Proceedings in SECTION I. The house of representatives shall 

impeachment 11, . . rr^, 

cases. have the sole power of impeachment. The concurrence 

of a majority of all the members shall be necessary 
to an impeachment. All impeachments shall be tried 
by the senate, and when sitting for that purpose the 
senators shall be upon oath or affirmation to do justice 
according to law and evidence. When the governor or 
lieutenant-governor is on trial, the chief justice of the 
supreme court shall preside. No person shall be con- 
victed without a concurrence of two-thirds of the 
senators elected. 

Impeachment Sec. 2. The govemor and other state and judicial 

for what ^r • 1 1 • • r r 

offences. ofiicers, except judges and justices of courts not of 

record, shall be liable to impeachment for high crimes 
or misdemeanors, or malfeasance in office, but judg- 
ment in such cases shall extend only to removal from 
office and disqualification to hold any office of honor, 
trust or profit, in the state. The party, whether con- 
victed or acquitted, shall, nevertheless, be liable to prose- 
cution, trial, judgment and punishment according to law. 



CONSTITUTION, STATE OF WASHINGTON. 21/ 

Sec. 3. All officers not liable to impeachment Removal from 
shall be subject to removal for misconduct or mal- 
feasance in office, in such manner as may be provided 
by law. 

ARTICLE VI. — ELECTIONS AND ELECTIVE RIGHTS. 

Section i. All male persons of the age of twenty- Qualifications 
one years or over, possessing the following qualifica-^ e ectois. 
tions, shall be entitled to vote at all elections: They 
shall be citizens of the United States ; they shall have 
lived in the state one year, and in the county ninety 
days, and in the city, town, ward or precinct thirty 
days immediately preceding the election at which they 
offer to vote : Provided, That Indians not taxed shall 
never be allowed the elective franchise : Provided 
further, That all male persons who at the time of the 
adoption of this constitution are qualified electors of. 
the territory shall be electors. 

Sec. 2. The legislature may provide that therein school 
shall be no denial of the elective franchise at any school ^ ^^^^^^^• 
election on account of sex. 

Sec. 3. All idiots, insane persons, and persons certain per- 
convlcted of infamous crime, unless restored to their tors, 
civil rights, are excluded from the elective franchise. 

Sec. 4. For the purpose of voting and eligibility to Residencenot 
office no person shall be deemed to have gained a by^mliitary^^ 
residence by reason of his presence, or lost it by reason 
of his absence, while in the civil or military service of 
the state or of the United States, nor while a student 
at any institution of learning, nor while kept at public 
expense at any poor house or other asylum, nor while 



2l8 HISTORY AND GOVERNMENT OF WASHINGTON, 



Immunity 
from arrest on 
election days. 



Elections by 
ballot. 



Registration 
laws. 



First election 
of officers ; 
subsequent 
elections. 



confined in public prison, nor while engaged in the 
navigation of the waters of this state or of the United 
States, or of the high seas. 

Sec. 5- Voters shall, in all cases exceept treason, 
felony and breach of the peace, be privileged from 
arrest during their attendance at elections and in going 
to and returning therefrom. No elector shall be re- 
quired to do military duty on the day of any election 
except in time of war or public danger. 

Sec. 6. All elections shall be by ballot. The 
legislature shall provide for such method of voting as 
will secure to every elector absolute secrecy in pre- 
paring and depositing his ballot. 

Sec. 7. The legislature shall enact a registration 
law, and shall require a compliance with such law be- 
fore any elector shall be allowed to vote : Provided, That 
this provision is not compulsory upon the legislature, 
except as to cities and towns having a population of 
over five hundred inhabitants. In all other cases the 
legislature may or may not require registration as a 
pre-requisite to the right to vote, and the same system 
of registration need not be adopted for both classes. 

Sec. 8. The first election of county and district 
officers, not otherwise provided for in this constitution, 
shall be on the Tuesday next after the first Monday in 
November, 1890, and thereafter all elections for such 
officers shall be held biennially on the Tuesday next 
succeeding the first Monday in November. The first 
election of all state officers not otherwise provided 
for in this constitution, after the election held for the 
adoption of this constitution, shall be on the Tuesday 



CONSTITUTION, STATE OF WASHINGTON. 219 

next after the first Monday in November, 1892, and the 
elections for such state officers shall be every fourth 
year thereafter on the Tuesday succeeding the first 
Monday in November. 

ARTICLE VII. — REVENUE AND TAXATION. 

Section i. All property in the state, not exempt ^iiPTOpertT^ 
under the laws of the United States, or under this J^^^J^inevfes 
constitution, shall be taxed in proportion to its value, 
to be ascertained as provided by law. The legislature 
shall provide by law for an annual tax sufficient, with 
other sources of revenue, to defray the estimated ordi- 
nary expenses of the state for each fiscal year. And 
for the purpose of paying the state debt, if there be 
any, the legislature shall provide for levying a tax 
annually, sufficient to pay the annual interest and 
principal of such debt within twenty years from the 
final passage of the law creating the debt. 

Sec. 2. The legislature shall provide by law a Uniform and 

. equal rates of 

uniform and equal rate of assessment and taxation on taxation, 
all property in the state, according to its value in 
money, and shall prescribe such regulations by general 
law as shall secure a just valuation for taxation of all 
property, so that every person and corporation shall 
pay a tax in proportion to the value of his, her or its 
property : Provided^ That a deduction of debts from 
credits may be authorized : Provided further, That the Exemptions, 
property of the United States, and of the state, coun- 
ties, school districts and other municipal corporations, 
and such other property as the legislature may by 
general laws provide, shall be exempt from taxation. 



220 HISTORY AND GOVERNMENT OF WASHINGTON. 

oSpSion ^^^- 3- ^^^ legislature shall provide by general 

property. j^^^ j^^ ^^-^^ assessing and levying of taxes on all cor- 
poration property as near as may be by the same 
methods as are provided for the assessing and levying 
of taxes on individual property. 

Same. Sec. 4. The power to tax corporations and cor- 

porate property shall not be surrendered or suspended 
by any contract or grant to which the state shall be 
a party. 

No tax except ggQ c No tax shall be levied except in pursu- 

in pursuance -^ r- r- 

of law. ance of law; and every law imposing a tax shall state 

distinctly the object of the same, to which only it 

shall be applied. 
mmoSey.^^'"^ Sec. 6. All taxes levied and collected for state 

purposes shall be paid in money only into the state 

treasury, 
statements of Sec. 7. An accurate statement of the receipts and 

receipts and '■ 

expenditares. expenditures of the public moneys shall be published 
annually, in such manner as the legislature may pro- 
vide. 
?evSSpi-o-''' ^^^' ^- Whenever the expenses of any fiscal year 
videdfor. shall cxcccd the income, the legislature may provide 
for levying a tax for the ensuing fiscal year, sufificient, 
with other sources of income, to pay the deficiency, 
as well as the estimated expenses of the ensuing fiscal 
year. 
Slfuowns^to^^ Sec. 9. The legislature may vest the corporate 
taxes\^^^^^^ authorities of cities, towns and villages with the power 
to make local improvements by special assessment, or 
by special taxation of property benefited. For all 
corporate purposes, all municipal corporations may be 



CONSTITUTION, STATE OF WASHINGTON. 221 

vested with authority to assess and collect taxes, and 
such taxes shall be uniform in respect to persons and 
property within the jurisdiction of the body levying 
the same. 

ARTICLE VIII. — STATE, COUNTY AND MUNICIFAL IN- 
DEBTEDNESS. 

Section i. The state may, to meet casual deficits ^t^gt^eM_ebte(i- 
or failures in revenues, or for expenses not provided 
for, contract debts, but such debts, direct and contin- 
gent, singly or in the aggregate, shall not at any time 
exceed four hundred thousand dollars ($400,000), and 
the moneys arising from the loans creating such debts 
shall be applied to the purpose for which they were 
obtained, or to repay the debts so contracted, and to 
no other purpose whatever. 

Sec. 2. In addition to the above limited power to Exceptions to 
contract debts, the state may contract debts no repel ^°^^^^^^°^* 
invasion, suppress insurrection, or to defend the state 
in war, but the money arising from the contracting of 
such debts shall be applied to the purpose for which 
it was raised, and to no other purpose whatever. 

Sec. 3. Except the debts specified in sections one special pro- 
and two of this article, no debt shall hereafter be con- currmg in- 

11 1 1 ir r 1 . 1 lit debtedness. 

tracted by, or on behalf of this state, unless such debt 
shall be authorized by law for some single work or 
object to be distinctly specified therein, which law 
shall provide ways and means, exclusive of loans, for 
the payment of the interest on such debt as it falls 
due, and also to pay and discharge the principal of 
such debt within twenty years from the time of the 



222 HISTORY AND GOVERNMENT OF WASHINGTON. 

contracting thereof. No such law shall take effect 
until it shall, at a general election, have been submit- 
ted to the people and have received a majority of all 
the votes cast for and against it at such election, and 
all moneys raised by authority of such law shall be 
applied only to the specific object therein stated, or 
to the payment of the debt thereby created, and such 
law shall be published in at least one newspaper in 
each county, if one be published therein throughout 
the state, for three months next preceding the election 
at which it is submitted to the people. 

Appropria- Sec. 4. No moneys shall ever be paid out of the 

treasury of this state, or any of its funds, or any of the 
funds under its management, except in pursuance of 
an appropriation by law ; nor unless such payment be 
made within two years from the first day of May next 
after the passage of such appropriation act, and every 

** such law making a new appropriation, or continuing or 

reviving an appropriation, shall distinctly specify the 
sum appropriated, and the object to which it is to be 
applied, and it shall not be sufficient for such law to 
refer to any other law to fix such sum. 

Credit of state Sec. 5. The Credit of the state shall not. in any 

shall not be _ ^ •' 

pledged in aid manner, be e^iven or loaned to, or in aid of, any indi- 

of corpora- » fc> > j y 

**'^"^- vidual, association, company or corporation. 

Limit of in- Sec. 6. No county, city, town, school district or 

dcbtedness of J y J y ^ 

and'^schoof *^^^ *^^^^^ municipal corporation shall for any purpose be- 

distncts. come indebted in any manner to an amount exceeding 

one and one-half per centum of the taxable property 

in such county, city, town, school district or other 

municipal corporation, without the assent of three-fifths 



CONSTITUTION, STATE OF WASHINGTON. 223 

of the voters therein voting at an election to be held 
for that purpose, nor in cases requiring such assent shall 
the total indebtedness at any time exceed five per 
centum on the value of the taxable property therein, 
to be ascertained by the last assessment for state and 
county purposes previous to the incurring of such in- 
debtedness, except that in incorporated cities the assess- 
ment shall be taken from the last assessment for city 
purposes : Provided, That no part of the indebtedness 
allowed in this section shall be incurred for any pur- 
pose other than strictly county, city, town, school 
district or other municipal purposes : Provided, fur- 
tJier, That any city or town with such assent may be 
allowed to become indebted to a larger amount, but 
not exceeding five per centum additional, for supplying 
such city or town with water, artificial light and sewers 
when the works for supplying such water, light and 
sewers shall be owned and controlled by the munici- 
pality. 

Sec. 7. No county, city, town or other municipal SBn^ciplmies 

,. 1 11 -1 ,, . . shall not aid 

corporation shall hereafter give any money or property, corporations, 
or loan its money or credit, to or in aid of any indi- 
vidual, association, company or corporation, except for 
the necessary support of the poor and infirm, or become 
directly or indirectly the owner of any stock in or 
bonds of any association, company or corporation. 

ARTICLE IX. — EDUCATION. 

Section i. It is the paramount duty of the state JjJJJJg^jJ'^ °^ 
to make ample provision for the education of all chil- 



224 HISTORY AND GOVERNMENT OF WASHINGTON. 

dren residing within its borders, without distinction or 
preference on account of race, color, caste or sex. 
lem^oftnSiic Sec. 2. The legislature shall provide for a general 
eludes what; ^^^ Uniform system of public schools. The public 
support of. school system shall include common schools, and such 
high schools, normal schools and technical schools as 
may hereafter be established. But the entire revenue 
derived from the common school fund, and the state 
tax for common schools, shall be exclusively applied 
to the support of the common schools. 
?chooTfund- Sec. 3. The principal of the common school fund 
whatsoiSces. shall remain permanent and irreducible. The said fund 
shall be derived from the following named sources, to- 
wit: Appropriations and donations by the state to 
this fund ; donations and bequests by individuals to the 
state or public for common schools; the proceeds of 
lands and other property which revert to the state by 
escheat and forfeiture; the proceeds of all property 
granted to the state, when the purpose of the grant is 
not specified, or is uncertain; funds accumulated in the 
treasury of the state for the disbursement of which pro- 
vision has not been made by law ; the proceeds of the 
sale of timber, stone, minerals or other property from 
school and state lands, other than those granted for 
specific purposes ; all moneys received from persons 
appropriating timber, stone, minerals or other property 
from school and state lands other than those granted 
for specific purposes, and all moneys other than rental 
recovered from persons trespassing on said lands ; five 
per centum of the proceeds of the sale of public lands 
lying within the state, which shall be sold by the United 



CONSTITUTION, STATE OF WASHINGTON. 22 5 

States subsequent to the admission of the state Into the 
Union as approved by section 13 of the act of congress 
enabhng the admission of the state into the Union ; the 
principal of all funds arising from the sale of lands and 
other property which have been, and hereafter may be, 
granted to the state for the support of common schools. 
The legislature may make further provisions for enlarg- ^^ay^^^rovlde 
ing said fund. The interest accruing on said fund, ^^^^^^^^^^^• 
together with all rentals and other revenues derived , 
therefrom, and from lands and other property devoted 
to the common school fund, shall be exclusively ap- 
plied to the current use of the common schools. 

Sec. 4. All schools maintained or supported wholly schools non- 
or in part by the public funds shall be forever free 
from sectarian control or influence. 

Sec. S. All losses to the permanent common school i^osses to per- 

*^ ■■- manent school 

or any other state educational fund, which shall be??,J!;'ecome a 

J ' debt on state. 

occasioned by defalcation, mismanagement or fraud of 
the agents or officers controlling or managing the same, 
shall be audited by the proper authorities of the state. 
The amount so audited shall be a permanent funded 
debt against the state in favor of the particular fund 
sustaining such loss, upon which not less than six per 
cent, annual interest shall be paid. The amount of 
liability so created shall not be counted as a part of 
the indebtedness authorized and limited elsewhere in 
this constitution. 

ARTICLE X. — MILITIA. 
Section i. All able-bodied male citizens of this Military duty, 

who are liable 

state between the ages of eighteen (18) and forty- five ^o- 



226 HISTORY AND GOVERNMENT OF WASHINGTON. 



Organization 
of militia. 



Soldiers' 
home. 



Arms. 



Immunity 
from arrest. 



Exemption 
from military 
duty. 



(45) years, except such as are exempt by laws of the 
United States or by the laws of this state, shall be 
liable to military duty. 

Sec. 2. The legislature shall provide by law for 
organizing and disciplining the militia in such manner 
as it may deem expedient, not incompatible with the 
constitution and laws of the United States. Officers 
of the militia shall be elected or appointed in such 
manner as the legislature shall from time to time di- 
rect, and shall be commissioned by the governor. The 
governor shall have power to call forth the militia to 
execute the laws of the state, to suppress insurrections 
and repel invasions. 

Sec. 3. The legislature shall provide by law for 
the maintenance of a soldiers' home for honorably 
discharged Union soldiers, sailors, marines, and mem- 
bers of the state militia disabled while in the line of 
duty, and who are bona fide citizens of the state. 

Sec. 4. The legislature shall provide by law for 
the protection and safe keeping of the public arms. 

Sec. 5. The militia shall, in all cases, except trea- 
son, felony and breach of the peace, be privileged from 
arrest during the attendance at musters and elections 
of officers, and in going to and returning from the 
same. 

Sec. 6. No person or persons, having conscien- 
tious scruples against bearing arms, shall be compelled 
to do militia duty in time of peace: Provided, Such 
person or persons shall pay an equivalent for such 
exemption. 



CONSTITUTION, STATE OF WASHINGTON. 22/ 

ARTICLE XI. — COUNTY, CITY AND TOWNSHIP 
ORGANIZATION. 

Section i. The several counties of the Territory of connty organi 
Washington existing at the time of the adoption of this ^zeS^ ^ecog- 
constitution are hereby recognized as legal subdivisions 
of this state. 

Sec. 2. No county seat shall be removed unless Removal of 
three-fifths of the qualified electors of the county, vot- 
ing on the proposition at a general election, shall vote 
in favor of such removal, and three-fifths of all votes 
cast on the proposition shall be required to relocate a 
county seat. A proposition of removal shall not be 
submitted in the same county more than once in four 
years. 

Sec. 3. No new county shall be established which organization 

. of new conn- 

shall reduce any county to a population of less than four ties. 

thousand (4,000), nor shall a new county be formed 
containing a less population than two thousand (2,000). 
There shall be no territory stricken from any county 
unless a majority of the voters living in such territory 
shall petition therefor, and then only under such other 
conditions as may be prescribed by a general law ap- 
plicable to the whole state. Every county which shall 
be enlare^ed or created from territory taken from any Change of 

'=' -^ ■^ bonndanes. 

Other county or counties shall be liable for a just pro- 
portion of the existing debts and liabilities of the 
county or counties from which such territory shall be 
taken : Provided^ That in such accounting neither 
county shall be charged with any debt or liability 



228 HISTORY AND GOVERNMENT OF WASHINGTON, 

then existing, incurred in the purchase of any county 
property or in the purchase or construction of any 
county buildings then in use or under construction, 
which shall fall within and be retained by the county : 
Provided furtJier, That this shall not be construed to 
affect the rights of creditors. 

System of Sec. 4. The legislature shall establish a system of 

county govern- 1 • 1 1 n 1 

ment. county government which shall be uniform throughout 

the state, and by general laws shall provide for town- 
ship organization, under which any county may organ- 
ize whenever a majority of the qualified electors of 
such county voting at a general election shall so de- 
termine, and whenever a county shall adopt township 
organization, the assessment and collection of the 
revenue shall be made, and the business of such county, 
and the local affairs of the several townships therein, 
shall be managed and transacted in the manner pre- 
scribed by such general law. 

County offi- Sec. 5. The legislature, by general and uniform 

cers, compen- 1 1 • 1 

sationof. laws, shall provide for the election in the several coun- 
ties of boards of county commissioners, sheriffs, county 
clerks, treasurers, prosecuting attorneys, and other 
county, township or precinct and district officers, as 
public convenience may require, and shall prescribe 
their duties and fix their terms of office. It shall reg- 
ulate the compensation of all such officers, in propor- 
tion to their duties, and for that purpose may classify 
the counties by population. And it shall provide for 
the strict accountability of such officers for all fees w^iich 
may be collected by them, and for all public moneys 



CONSTITUTION, STATE OF WASHINGTON. 22^ 

which may be paid to them, or officially come into their 
possession. • 

Sec. 6. The board of county commissioners in each vacancies, 
county shall fill all vacancies occurring in any county, 
township, precinct or road district office of such county 
by appointment, and officers thus appointed shall hold 
office till the next general election, and until their 
successors are elected and qualified. 

Sec. 7. No county officer shall be eligible to hold ineligibility 

for more tlian 

his office more than two terms m succession. two terms. 

Sec. 8. The legislature shall fix the compensation salaries, 
by salaries of all county officers, and of constables in 
cities having a population of 5,000 and upward; except 
that public administrators, surveyors and coroners may 
or may not be salaried officers. The salary of any 
county, city, town or municipal officer shall not be 
increased or diminished after his election, or during 
his term of office ; nor shall the term of any such officer 
be extended beyond the period for which he is elected 
or appointed. 

Sec. 9. No county, nor the inhabitants thereof, ah counties 

liable for state 

nor the property therein, shall be released or discharged taxes, 
from its or their proportionate share of taxes to be 
levied for state purposes, nor shall commutation for 
such taxes be authorized in any form whatever. 

Sec. 10. Corporations for municipal purposes shall Municipal cor- 
porations, not 
not be created by special laws; but the leg^islature, by created by 

■^ '■ ^ ^ . special acts. 

general laws, shall provide for the incorporation, or- 
ganization and classification, in proportion to popula- 
tion, of cities and towns, which laws may be altered, 



230 HISTORY AND GOVERNMENT OF WASHINGTON. 

amended or repealed. Cities and towns heretofore or- 
ganized or incorporated may become organized under 
such general laws whenever a majority of the electors 
voting at a general election shall so determine, and 
shall organize in conformity therewith; and cities or 
towns heretofore or hereafter organized, and all charters 
thereof framed or adopted by authority of this con- 
stitution, shall be subject to and controlled by general 
Charters for laws. Any city containing a population of twenty 
or more. ' thousand inhabitants, or more, shall be permitted to 
frame a charter for its own government, consistent with 
and subject to the constitution and laws of this state, 
and for such purpose the legislative authority of such 
city may cause an election to be had, at which election 
there shall be chosen by the qualified electors of said 
city, fifteen freeholders thereof, who shall have been 
residents of said city for a period of at least two years 
preceding their election, and qualified electors, whose 
duty it shall be to convene within ten days after their 
election and prepare and propose a charter for such 
Adoption of city. Such proposed charter shall be submitted to the 
qualified electors of said city, and if a majority of such 
qualified electors voting thereon ratify the same, it shall 
become the charter of said city, and shall become the 
organic law thereof, and supersede any existing char- 
ter, including amendments thereto, and all special laws 
inconsistent with such charter. Said proposed charter 
shall be published in two daily newspapers published 
in said city, for at least thirty days prior to the day of 
submitting the same to the electors for their approval, 
as above provided. All elections in this section au- 



CONSTITUTION, STATE OF WASHINGTON. 23 I 

thorized shall only be had upon notice, which notice shall 
specify the object of calling such election, and shall be 
given for at least ten days before the day of election, 
in all election districts of said city. Said elections may 
be general or special elections, and except as herein 
provided shall be governed by the law regulating and 
controlling general or special elections in said city. 
Such charter may be amended by proposals therefor Amendment of 
submitted by the legislative authority of such city to 
the electors thereof at any general election after notice 
of said submission published as above specified, and 
ratified by a majority of the qualified electors voting 
thereon. In submitting any such charter, or amend- 
ment thereto, any alternate article or proposition may 
be presented for the choice of the voters, and may be 
voted on separately without prejudice to others. 

Sec. II. Any county, city, town or township may priyueges of 
make and enforce within its limits all such local po- 
lice, sanitary and other regulations as are not in conflict 
with general laws. 

Sec. 12. The legislature shall have no power to Lo^ai taxation 

... J.U governed by 

impose taxes upon counties, cities, towns or otner ggneraiiaws. 
municipal corporations, or upon the inhabitants or 
property thereof, for county, city, town, or other mu- 
nicipal purposes, but may by general laws vest in the 
corporate authorities thereof the power to assess and 
collect taxes for such purposes. 

Sec. 13. Private property shall not be taken or ^rij^tejvov-^ 
sold for the payment of the corporate debt of any ^«/^d^f^\fJ^ 
public or municipal corporation, except in the mode 
provided by law for the levy and collection of taxes. 



232 HISTORY AND GOVERNMENT OF WASHINGTON. 

Unlawful use Sec. 14. The making of profit out of county, city, 
money a town or Other public money, or using the same for 

any purpose not authorized by law, by any ofificer 
having the possession or control thereof, shall be a 
felony, and shall be prosecuted and punished as pre- 
scribed by law. 
AUpnbiic Sec. 1 5. All moiieys, assessments and taxes be- 

SosTted^with longing to or collected for the use of any county, city, 
town or other public or municipal corporation, coming 
into the hands of any of^cer thereof, shall immediately 
be deposited with the treasurer, or other legal depos- 
itary, to the credit of such city, town, or other 
corporation respectively, for the benefit of the funds 
to which they belong. 

ARTICLE XII. — CORPORATIONS OTHER THAN MUNICIPAL. 

Not created by SECTION I. Corporations may be formed under 
speua a\As. gQ^Q^^i Jaws, but shall not be created by special acts. 
All laws relating to corporations may be altered, 
amended or repealed by the legislature at any time, 
and all corporations doing business in this state may, 
as to such business, be regulated, limited or restrained 
by law. 
Charters, etc., Sec. 2. All existing charters, franchises, special 
valid. or exclusive privileges, under which an actual and dona 

fide organization shall not have taken place, and busi- 
ness been commenced in good faith, at the time of 
the adoption of this constitution, shall thereafter have 

Legislature ^^^ validity. 

t?ud' franchise ^^^ • 3- The legislature shall not extend any fran- 
feiture.^^^^ chise or charter, nor remit the forfeiture of an}' franchise 



CONSTITUTION, STATE OF WASHINGTON. 233 

or charter of any corporation now existing, or which 
shall hereafter exist under the laws of this state. 

Sec. 4. Each stockholder in all incorporated com- Liability of 

^ ^ stockholders. 

panics, except corporations organized for banking or 
insurance purposes, shall be liable for the debts of the 
corporation to the amount of his unpaid stock, and 
no more, and one or more stockholders may be joined 
as parties defendant in suits to recover upon this 
liability. 

Sec. 5. The term corporations, as used in this ar- Corporation, 

. , 1 11 1 1 '11 11 • • 1 construed to 

ticle, shall be construed to include all associations and include what, 
joint stock companies having any powers or privileges 
of corporations not possessed by individuals or part- 
nerships, and all corporations shall have the right to 
sue and shall be subject to be sued, in all courts, in 
like cases as natural persons. 

Sec. 6. Corporations shall not issue stock, except Corporation 

, /- r t M 1 r 1 • • stock, fictitioxis 

to bona pae subscribers therefor, or their assignees ; issue void, 
nor shall any corporation issue any bond, or other 
obligation, for the payment of money, except for money 
or property received or labor done. The stock of 
corporations shall not be increased, except in pursu- 
ance of a general law, nor shall any law authorize the 
increase of stock, without the consent of the person or 
persons holding the larger amount in value of the 
stock, nor without due notice of the proposed increase 
having been previously given in such manner as may 
be prescribed by law. All fictitious increase of stock 
or indebtedness shall be void. 

Sec. 7. No corporation organized outside the limits Corporations 

•^ organized out- 

of this State shall be allowed to transact business ^ide of state. 



234 HISTORY AND GOVERNMENT OF WASHINGTON. 



Leasing or 
alienation of 
franchises. 



State shall not 
loan its credit 
to corpora- 
tions. 



Eminent do- 
main, state 
may exercise 
right. 



Corporations 
and individ- 
uals shall not 
issue money, 
except lawful 
money of U. S, 



Liability of 
stockeolders. 



Insolvent 
banks shall 
not receive 
deposits. 



within the state on more favorable conditions than are 
prescribed by law to similar corporations organized 
under the laws of this state. 

Sec. 8. No corporation shall lease or alienate any 
franchise, so as to relieve the franchise, or property 
held thereunder, from the liabilities of the lessor, or 
grantor, lessee, 'or grantee, contracted or incurred in 
the operation, use or enjoyment of such franchise or 
any of its privileges. 

Sec. 9. The state shall not in any manner loan its 
credit, nor shall it subscribe to, or be interested in, the 
stock bf any company, association or corporation. 

Sec. 10. The exercise of the right of eminent do- 
main shall never be so abridged or construed as to 
prevent the legislature from taking the property and 
franchises of incorporated companies, and subjecting 
them to public use the same as the property of indi- 
viduals. 

Sec. II. No corporation, association, or individual 
shall issue or put in circulation as money anything 
but the lawful money of the United States. Each 
stockholder of ^ny banking or insurance corporation 
or joint stock association shall be individually and per- 
sonally liable, equally and ratably and not one for 
another, for all contracts, debts and engagements of 
such corporation or association accruing while they 
remain such stockholders, to the extent of the amount 
of their stock therein at the par value thereof, in 
addition to the amount invested in such shares. 

Sec. 12. Any president, director, manager, cashier, 
or other officer of any banking institution who shall 



CONSTITUTION, STATE OF WASHINGTON. 235 

receive or assent to the reception of deposits after he 
shall have knowledge of the fact that such banking in- 
stitution is insolvent or in failing circumstances shall be 
individually responsible for such deposits so received. 

Sec. 13. All railroad, canal and other transporta- common car- 
tion companies are declared to be common carriers and dutie'sf^^ ^^' 
subject to legislative control. Any association or cor- 
poration organized for the purpose, under the laws of 
the state, shall have the right to connect at the state 
line with railroads of other states. Every railroad com- 
pany shall have the right with its road, whether the 
same be now constructed or may hereafter be con- 
structed, to intersect, cross or connect with any other 
railroad, and when such railroads are of the same or 
similar gauge they shall, at all crossings and at all 
points where a railroad shall begin or terminate at or 
near any other railroad, form proper connections, so 
that the cars of any such railroad companies may be 
speedily transferred from one railroad to another. All 
railroad companies shall receive and transport each the 
other's passengers, tonnage and cars without delay or 
discrimination. 

Sec. 14. No railroad company or other common certain com- 

1 ,, 1 . • 1 1 binatious of 

carrier shall combme or make any contract with the forbidden. 
owners of any vessel that leaves port or makes port in 
this state, or with any common carrier, by which com- 
bination or contract the earnings of one doing the carry- 
ing are to be shared by the other not doing the 
carrying. 

Sec. 15. No discrimination in charges or facilities Discrimina- 

. . , 1, , 11 .11 tion in rates 

for transportation shall be made by any railroad or forbidden. 



236 HISTORY AND GOVERNMENT OF WASHINGTON. 

other transportation company between places or per- 
sons, or in the facilities for the transportation of the 
same classes of freight or passengers within this state, 
or coming from or going to any other state. Persons 
and property transported over any railroad, or by any 
other transportation company or individual, shall be 
delivered at any station, landing or port, at charges not 
exceeding the charges for the transportation of persons 
and property of the same class, in the same direction, 
to any more distant station, port or landing. Excursion 
and commutation tickets may be issued at special rates. 
Shall not con- Sec. 1 6. No railroad corporation shall consolidate 
its stock, property or franchises with any other railroad 
corporation owning a competing line. 
Roiiin*' stock Sec. I/. The rolling stock and other movable prop- 
ered^to^be^per- ^^^Y belonging to any railroad company or corporation 
sonaipropertj. |j^ this State shall be considered personal property, and 
shall be liable to taxation and to execution and sale in 
the same manner as the personal property of individ- 
uals, and such property shall not be exempted from 
execution and sale. 
Re"Tiiation Sec. i8. The legislature shall pass laws establish- 

freightsby ing reasonable maximum rates of charges for the 

legislature. . . -i i- • 1 , -i 

transportation of passengers and freight, and to correct 
abuses, and to prevent discrimination and extortion in 
the rates of freight and passenger tariffs on the dif- 
ferent railroads and other common carriers in the 
state, and shall enforce such laws by adequate penal- 
ties. A railroad and transportation commission may 
be established and its powers and duties fully defined 
by law. 



CONSTITUTION, STATE OF WASHINGTON. 237 

Sec. 19. Any association or corporation, or the Telegraph and 

, > 1 f • J r ^1 telephone com- 

lessees or managers thereof, organized for the purpose, pame«. 
or any individual, shall have the right to construct and 
maintain lines of telegraph and telephone within this 
state, and said companies shall receive and transmit 
each other's messages without delay or discrimination, 
and all of such companies are hereby declared to be 
common carriers and subject to legislative control. 
Railroad corporations organized or doing business in 
this state shall allow telegraph and telephone corpora- 
tions and companies to construct and maintain telegraph 
lines on and along the rights-of-way of such railroads 
and railroad companies, and no railroad corporation 
organized or doing business in this state shall allow 
any telegraph corporation or company any facilities, 
privileges or rates for transportation of men or material, 
or for repairing their lines, not allowed to all telegraph 
companies. The right of eminent domain is hereby 
extended to all telegraph and telephone companies. 
The legislature shall, by general law of uniform opera- 
tion, provide reasonable regulations to give effect to 
this section. 

Sec. 20. No railroad or other transportation com- 
pany shall ?rant free passes, or sell tickets or passes Free passes, 

^ ^ discrimination 

at a discount, other than as sold to the public gener- ^o^^^^d^'i- 
ally, to any member of the legislature, or to any person 
holding any public ofhce within this state. The legis- 
lature shall pass laws to carry this provision into effect. 

Sec. 21. Railroad companies now or hereafter or- ;Raiiroads shall 
ganized or doing business in this state, shall allow all hSfte aga'S'st 
express companies organized or doing business in this Spany!^^ 



238 HISTORY AND GOVERNMENT OF WASHINGTON. 



Trnsts and 
monopolies 
forbidden. 



State, transportation over all lines of railroad owned or 
operated by such railroad companies upon equal terms 
with any other express company, and no railroad cor- 
poration organized or doing business in this state shall 
allow any express corporation or company any facili- 
ties, privileges or rates for transportation of men or 
materials or property carried by them, or for doing the 
business of such express companies, not allowed to all 
express companies. 

Sec. 22. Monopolies and trusts shall never be al- 
lowed in this state, and no incorporated company, 
copartnership or association of persons in this state shall 
directly or indirectly combine to make any contract 
with any other incorporated company, foreign or do- 
mestic, through their stockholders, or the trustees or 
assignees of such stockholders, or with any copartner- 
ship or association of persons, or in any manner what- 
ever, for the purpose of fixing the price or limiting the 
production or regulating the transportation of any 
product or commodity. The legislature shall pass laws 
for the enforcement of this section by adequate penal- 
ties, and in case of incorporated companies, if necessary 
for that purpose, may declare a forfeiture of their 
charter. 

ARTICLE XIII. — STATE INSTITUTIONS. 



Edticational, 
reformatory 
and penal in- 
stitutions. 



Section i. Educational, reformatory and penal in- 
stitutions; those for the benefit of blind, deaf, dumb or 
otherwise defective youth, for the insane or idiotic, and 
such other institutions as the public good may require, 
shall be fostered and supported by the state, subject to 



CONSTITUTION, STATE OF WASHINGTON. 239 

such regulations as may be provided by law. The 
regents, trustees or commissioners of all such institu- 
tions existing at the time of the adoption of this con- 
stitution, and of such as shall thereafter be established 
by law, shall be appointed by the governor, by and 
with the advice and consent of the senate ; and upon 
all nominations made by the governor, the question 
shall be taken by the ayes and noes, and entered upon 
the journal. 

ARTICLE XIV. SEAT OF GOVERNMENT. 

Section i . The legislature shall have no power to Permanent 

location of seat 

change, or to locate the seat of government of this state; of government, 

_ ^ how chosen. 

but the question of the permanent location of the seat 
of government of the state shall be submitted to the 
qualified electors of the territory, at the election to be 
held for the adoption of this constitution. A majority 
of all the votes cast at said election upon said question, 
shall be necessary to determine the permanent location 
of the seat of government for the state ; and no place 
shall ever be the seat of government which shall not 
receive a majority of the votes cast on that matter. 
In case there shall be no choice of location at said 
first election, the legislature shall, at its first regular 
session after the adoption of this constitution, provide 
for submitting to the qualified electors of the state, at 
the next succeeding general election thereafter, the 
question of choice of location between the three places 
for which the highest number of votes shall have been 
cast at the said first election. Said legislature shall 



240 HISTORY AND GOVERNMENT OF WASHINGTON. 

provide further that in case there shall be no choice 
of location at said second election, the question of 
choice between the two places for which the highest 
number of votes shall have been cast, shall be submitted 
in like manner to the qualified electors of the state at 

Temporary the next cusuing general election: Provided, That un- 
til the seat of government shall have been permanently 
located as herein provided, the temporary location 
thereof shall remain at the city of Olympia. 

How changed. Sec. 2. When the seat of government shall have 
been located as herein provided, the location thereof 
shall not thereafter be changed except by a vote of 
two-thirds of all the qualified electors of the state 
voting on that question, at a general election, at which 
the question of location of the seat of government shall 
have been submitted by the legislature. 

Capitol build- Sec. 3. The legislature shall make no appropria- 

ing. 

tions or expenditures for capitol buildings or grounds, 
except to keep the territorial capitol buildings and 
grounds in repair, and for making all necessary addi- 
tions thereto, until the seat of government shall have 
been permanently located, and the public buildings are 
erected at the permanent capital in pursuance of law. 

ARTICLE XV. — HARBORS AND TIDE WATERS. 



commission. 



Harbor line SECTION I. The legislature shall provide for the 

appointment of a commission whose duty it shall be to 
locate and estabHsh harbor lines in the navigable waters 
of all harbors, estuaries, bays and inlets of this state, 
wherever such navigable waters lie within or in front of 



CONSTITUTION, STATE OF WASHINGTON. 24 1 

the corporate limits of any city or within one mile 
thereof upon either side. The state shall never give, 
sell or lease to any private person, corporation or asso- 
ciation any rights whatever in the waters beyond such 
harbor lines, nor shall any of the area lying between 
any harbor line and the line of ordinary high tide, and 
within not less than fifty feet nor more than 600 feet 
of such harbor line (as the commissioners shall de- 
termine) be sold or granted by the state, nor its right 
to control the same relinquished, but such an area Areas reserved 
shall be forever reserved for landings, wharves, streets and landings, 
and other conveniences of navigation and commerce. 

Sec. 2. The legislature shall provide general laws . 
for the leasing of the rig-ht to build and maintain ^i^f^ ^^^ , 

•=> o wharves and 

wharves, docks and other structures upon the areas ^*^^^^" 
mentioned in section i of this article, but no lease 
shall be made for any term longer than thirty years, 
or the legislature may provide by general laws for the 
building and maintaining upon such area, wharves, 
docks and other structures. 

Sec. 3. Municipal corporations shall have the right Municipal 
to extend their streets over intervening tide lands to rights^of! ^ ' 
and across the area reserved as herein provided. 

ARTICLE XVI. — SCHOOL AND GRANTED LANDS. 

Section i. All the public lands granted to theshaiinotbe 
slate are held in trust for all the people, and none of than market 
such lands, nor any estate or interest therein, shall 
ever be disposed of unless the full market value of 
the 'estate or interest disposed of, to be ascertained in 



tion. 



242 HISTORY AND GOVERNMENT OF WASHINGTON. 

such manner as may be provided by law, be paid or 
safely secured to the state ; nor shall any lands which 
the state holds by grant from the United States (in 
any case in which the manner of disposal and mini- 
mum price are so prescribed) be disposed of except 
in the manner and for at least the price prescribed in 
the grant thereof, without the consent of the United 
States, 

Lands for edu- Sec. 2. None of the lands granted to the state for 
poscfsoidto educational purposes shall be sold otherwise than at 

highest bidder , _ , 1 , • 1 1 • 1 , -r-i 1 1 

at public auc- public auction to the highest bidder. ihe value there- 
of, less the improvements, shall, before any sale, be 
appraised by a board of appraisers, to be provided 
by law, the terms of payment also to be prescribed 
by law, and no sale shall be valid unless the sum bid 
be equal to the appraised value of said land. In es- 
timating the value of such lands for disposal, the value 
of the improvements thereon shall be excluded : Pro- 
vided^ That the sale of .all school and university land 
heretofore made by the commissioners of any county 
or the university commissioners, when the purchase 
price has been paid in good faith, may be confirmed 
by the legislature. 

Sec. 3. No more than one-fourth of the land 
granted to the state for educational purposes shall be 
sold prior to January i, 1895, and not more than one- 
half prior to January i, 1905: Provided, That nothing 
herein shall be so construed as to prevent the state 
from selling the timber or stone off of any of the state 
lands in such manner and on such terms as may be 



School lands, 
how sold. 



CONSTITUTION, STATE OF WASHINGTON. 243 

prescribed by law : And provided further, That no sale 
of timber lands shall be valid unless the full value of 
such lands is paid or secured to the state. 

Sec. 4. No more than one hundred and sixty (160) subdivision of 
acres of any granted lands of the state shall be of- 
fered for sale in one parcel, and all lands within the 
limits of any incorporated city, or within two miles of 
the boundary of any incorporated city, where the val- 
uation of such lands shall be found by appraisement 
to exceed one hundred dollars ($100) per acre, shall, 
before the same be sold, be platted into lots and 
blocks of not more than five acres in a block, and not 
more than one block shall be offered for sale in one 
parcel. 

Sec. 5. None of the permanent school fund shall investment of 
ever be loaned to private persons or corporations, but 
it may be invested in national, state, county or mu- 
nicipal bonds. 

ARTICLE XVII. — TIDE LANDS. 

Section i. The State of Washington asserts its ciaim of state. 
ownership to the beds and shores of all navigable 
waters in the state up to and including the line of 
ordinary high tide, in waters where the tide ebbs and 
flows, and up to and including the line of ordinary 
high water within the banks of all navigable rivers and 
lakes: Provided, That this section shall not be con- 
strued so as to debar any person from asserting his 
claim to vested rights in the courts of the state. 

Sec. 2. The State of Washington disclaims all ownership 

... 11. 11 • 1 n disclaimed to 

title m and claim to all tide, swamp and overflowed certain lands. 



244 HISTORY AND GOVERNMENT OF WASHINGTON. 

lands patented by the United States : Provided, The 
same is not impeached for fraud. 



Design of 



ARTICLE XVIII. — STATE SEAL. 

Section i. The seal of the State of Washington 
shall be, a seal encircled with the words: "The seal 
of the State of Washington," with the vignette of 
Gen. George Washington as the central figure, and 
beneath the vignette the figures "i 



ARTICLE XIX 



■EXEMPTIONS, 



Homestead. SECTION I . The legislature shall protect by law 

from forced sale a certain portion of the homestead 
and other property of all heads of families. 

ARTICLE XX. — PUBLIC HEALTH AND VITAL STATISTICS. 



Board of 
health. 



Practice of 
mediciuc. 



Section i. There shall be established by law a 
state board of health and a bureau of vital statistics in 
connection therewith, with such powers as the legisla- 
ture may direct. 

Sec. 2. The legislature shall enact laws to regulate 
the practice of medicine and surgery, and the sale of 
drugs and medicines. 



ARTICLE XXI. — WATER AND WATER RIGHTS. 



Watcrrights. SECTION I . The usc of the waters of the state for 
irrigation, mining and manufacturing purposes shall be 
deemed a public use. 



CONSTITUTION, STATE OF WASHINGTON. 245 

ARTICLE XXII. — LEGISLATIVE APPORTIONMENT. 
Section i. Until otherwise provided by law, the First appor- 

,..,,. . .s ., tionmeut, sen- 

state shall be divided into twenty-four ( 24 ) senatorial atoriai ciis- 

districts, and said districts shall be constituted and 
numbered as follows : The counties of Stevens and 
Spokane shall constitute the first district, and be en- 
titled to one senator; the county of Spokane shall 
constitute the second district, and be entitled to three 
senators ; the county of Lincoln shall constitute the 
third district, and be entitled to one senator; the coun- 
ties of Okanogan, Lincoln, Adams and Franklin shall 
constitute the fourth district and be entitled to one sen- 
ator; the county of Whitman shall constitute the fifth 
district, and be entitled to three senators ; the counties 
of Garfield and Asotin shall constitute the sixth dis- 
trict, and be entitled to one senator; the county of 
Columbia shall constitute the seventh district, and be 
entitled to one senator ; the county of Walla Walla shall 
constitute the eighth district, and be entitled to two 
senators ; the counties of Yakima and Douglas shall 
constitute the ninth district, and be entitled to one sen- 
ator; the county of Kittitas shall constitute the tenth 
district, and be entitled to one senator; the counties of 
Klickitat and Skamania shall constitute the eleventh 
district, and be entitled to one senator; the county 
of Clarke shall constitute the twelfth district, and be 
entitled to one senator; the county of Cowlitz shall 
constitute the thirteenth district, and be entitled to one 
senator ; the county of Lewis shall constitute the four- 
teenth district, and be entitled to one senator; the 



246 HISTORY AND GOVERNMENT OF WASHINGTON. 

counties of Pacific and Wahkiakum shall constitute the 
fifteenth district, and be entitled to one senator; the 
county of Thurston shall constitute the sixteenth dis- 
trict, and be entitled to one senator; the county of 
Chehalis shall constitute the seventeenth district, and 
be entitled to one senator; the county of Pierce shall 
constitute the eighteenth district, and be entitled to 
three senators ; the county of King shall constitute the 
nineteenth district, and be entitled to five senators; the 
counties of Mason and Kitsap shall constitute the twen- 
tieth district, and be entitled to one senator; the 
counties of Jefferson, Clallam and San Juan shall con- 
stitute the twenty-first district, and be entitled to one 
senator; the county of Snohomish shall constitute the 
twenty-second district, and shall be entitled to one 
senator; the counties of Skagit and Island shall consti- 
tute the twenty-third district, and be entitled to one 
senator; the county of Whatcom shall constitute the 
twenty-fourth district, and be entitled to one senator. 
First appor- Sec. 2. Until Otherwise provided by law, the rep- 

resentative*^^" resentatives shall be divided among the several coun- 
ties of the state in the following manner: The county 
of Adams shall have one representative ; the county of 
Asotin shall have one representative ; the county of 
Chehalis shall have two representatives ; the county 
of Clarke shall have three representatives ; the 
county of Clallam shall have one representative ; the 
county of Columbia shall have two representatives ; 
the count)^ of Cowlitz shall have one representative ; 
the county of Douglas shall have one representative; 
the county of Franklin shall have one representa- 



districts. 



CONSTITUTION, STATE OF WASHINGTON. 24/ 

tlve ; the county of Garfield shall have one rep- 
resentative; the county of Island shall have one 
representative; the county of Jefferson shall have two 
representatives ; the county of King shall have 
eight representatives ; the county of Klickitat shall 
have two representatives ; the county of Kittitas 
shall have two representatives ; the county of Kitsap 
shall have one representative ; the county of Lewis shall 
have two representatives ; the county of Lincoln shall 
have two representatives ; the county of Mason shall have 
one representative ; the county of Okanogan shall have 
one representative ; the county of Pacific shall have 
one representative ; the county of Pierce shall have six 
representatives ; the county of San Juan shall have 
one representative ; the county of Skamania shall 
have one representative; the county of Snohomish 
shall have two representatives ; the county of Skagit 
shall have two representatives; the county of Spo- 
kane shall have six representatives ; the county of 
Stevens shall have one representative ; the county of 
Thurston shall have two representatives ; the county 
of Walla Walla shall have three representatives ; the 
county of Wahkiakum shall have one representative; 
the county of Whatcom shall have two representa- 
tives ; the county of Whitman shall have five represent- 
atives ; the county of Yakima shall have one repre- 
sentative. 

ARTICLE XXIII. — AMENDMENTS. 

Section i. Any amendment or amendments to this state constitu- 
constitution may be proposed in either branch of the amended. 



248 HISTORY AND GOVERNMENT OF WASHINGTON. 

legislature, and if the same shall be agreed to by two- 
thirds of the members elected to each of the two 
houses, such proposed amendment or amendments 
shall be entered in their journals, with the ayes and 
noes thereon, and be submitted to the qualified electors 
of the state for their approval, at the next general 
election, and if the people approve and ratify such 
amendment or amendments, by a majority of the elec- 
tors voting thereon, the same shall become part of 
this constitution, and proclamation thereof shall be 
made by the governor : Provided, That if more than 
one amendment be submitted, they shall be submitted 
in such a manner that the people may vote for or 
against such amendments separately. The legislature 
shall also cause the amendments that are to be sub- 
mitted to the people to be published for at least three 
months next preceding the election, in some weekly 
newspaper in every county where a newspaper is 
published throughout the state. 

CoBTcntionto Sec. 2. Whenever two-thirds of the members elect- 
amend cousti- 1 f 1 1 • 1 1 11 1 
tutioD,how ed to each branch of the lep;islature shall deem it 

called. . ^ 

necessary to call a convention to revise or amend this 
constitution, they shall recommend to the electors to 
vote at the next general election for or against a con- 
vention, and if a majority of all the electors voting at 
said election shall have voted for a convention, the 
legislature shall, at the next session, provide by law 
for calling the same; and such convention shall con- 
sist of a number of members not less than that of the 
most numerous branch of the legislature. 



CONSTITUTION, STATE OF WASHINGTON. 249 ' 

Sec. 3. Any constitution adopted by such conven- voters mnst 
tion shall have no validity until it has been submitted ^^ ^ ^" 
to and adopted by the people, 

ARTICLE XXIV. — BOUNDARIES. 
Section i. The boundaries of the State of Wash- Boundaries of 

1 „ , ... -!-.•• • • 1 State defined. 

ington shall be as follows : Beginning at a point in the 
Pacific Ocean one marine league due west of and op- 
posite the middle of the mouth of the north ship 
channel of the Columbia River, thence running easterly 
to and up the middle channel of said river and where 
it is divided by islands up the middle of the widest 
channel thereof to where the forty-sixth parallel of 
north latitude crosses said river, near the mouth of the 
Walla Walla River; thence east on said forty-sixth 
parallel of latitude to the middle of the main channel 
of the Shoshone or Snake River; thence follow down 
the middle of the main channel of Snake River to a 
point opposite the mouth of the Kooskooskia or Clear 
Water River ; thence due north to the forty-ninth par- 
allel of north latitude; thence west along said forty- 
ninth parallel of north latitude to the middle of the 
channel which separates Vancouver's Island from the 
continent, that is to say to a point in longitude 123 de- 
grees, 19 minutes and 15 seconds west; thence following 
the boundary line between the United States and Brit- 
ish possessions through the channel which separates 
Vancouver's Island from the continent to the termina- 
tion of the boundary line between the United States 
and British possessions at a point in the Pacific Ocean 



2^0 HISTORY AND GOVERNMENT OF WASHINGTON. 

equidistant between Bonnilla point on Vancouver's 
Island and Tatoosh Island lighthouse ; thence running 
in a southerly course and parallel with the coast line, 
keeping one marine league off shore, to place of be- 
ginning. 

ARTICLE XXV. — JURISDICTION. 

United States SECTION I . The consent of the State of Washing- 
dictionover ton is hereby given to the exercise, by the Congress 

certain tra(^ts tt-io r i- i-i- • n 

and parcels of of the United btatcs, of exclusive leg-islation in all 

land: ' ^ 

cases whatsoever over such tracts or parcels of land 
as are now held or reserved by the government of the 
United States for the purpose of erecting or main- 
taining thereon forts, magazines, arsenals, dockyards, 
lighthouses and other needful buildings, in accordance 
with the provisions of the seventeenth paragraph of 
the eighth section of the first article of the constitution 
of the United States, so long as the same shall be so 
held and reserved by the United States : Provided^ 
That a sufficient description by metes and bounds, and 
an accurate plat or map of each such tract or parcel 
of land be filed in the proper office of record in the 
county in which the same is situated, together with 
copies of the orders, deeds, patents or other evidences 
Exception. ^^"^ Writing of the title of the United States : And pro- 
vided^ That all civil process issued from the courts of 
this state, and such criminal process as may issue un- 
der the authority of this state, against any person 
charged with crime in cases arising outside of such 
reservations, may be served and executed thereon in 



CONSTITUTION, STATE OF WASHINGTON. 25 I 

the same mode and manner, and by the same officers, 
as if the consent herein given had not been made. 

ARTICLE XXVI. — COMPACT WITH THE UNITED STATES. 

The following ordinance shall be irrevocable without 
the consent of the United States and the people of this 
state : 

First: That perfect toleration of religious sentiment Religious toi- 

1 11 1 1 11 . 1 , . r 1 • eratiou guar- 

shali be secured, and that no mhabitant of this state auteed. 
shall ever be molested in person or property on account 
of his or her mode of religious worship. 

Seco7id: That the people inhabiting this state do Rights to tin- 

appropriated 

agree and declare that they forever disclaim all right public lands 

° ^ '^ ^ ... disclaimed. 

and title to the unappropriated public lands lying within 
the boundaries of this state, and to all lands lying 
within said limits owned or held by any Indian or 
Indian tribes; and that, until the title thereto shall have 
been extinguished by the United States, the same shall 
be and remain subject to the disposition of the United 
States, and said Indian lands shall remain under the 
absolute jurisdiction and control of the congress of the 
United States, and that the lands belonging to citizens 
of the United States residing without the limits of this 
state shall never be taxed at a higher rate than the 
lands belonging to residents thereof, and that no taxes 
shall be imposed by the state on lands or property 
therein belonging to or which may be hereafter pur- 
chased by the United States or reserved for use : Pro- 
vided, That nothing in this ordinance shall preclude the 
state from taxing, as other lands are taxed, any lands 



2 52 HISTORY AND GOVERNMENT OF WASHINGTON. 

owned or held by any Indian who has severed his tribal 
relations, and has obtained from the United States or 
from any person a title thereto by patent or other grant, 
save and except such lands as have been or may be 
granted to any Indian or Indians under any act of con- 
gress containing a provision exempting the lands thus 
granted from taxation, which exemption shall continue 
so long and to such an extent as such act of congress 
may prescribe. 

Debts of teiTi- Third: The debts and liabilities of the Territory of 
tory assumed. Washington, and payment of the same, are hereby 

assumed by this state. 
System of pub- FoiirtJi : Provision shall be made for fche establish- 
guaranteed. ment and maintenance of systems of public schools free 

from sectarian control, which shall be open to all the 

children of said state. 

ARTICLE XXVII. — SCHEDULE. 

In order that no inconvenience may arise by reason 
of a change from a territorial to a state government, it 
is hereby declared and ordained as follows : 

Existing rights SECTION I. No existing rights, actions, suits, pro- 
of the teiTitory , , , . i 1 1 i rr 11 

to continue, ceedmgs. Contracts or claims shall be affected by a 
change in the form of government, but all shall con- 
tinue as if no change had taken place ; and all process 
which may have been issued under the authority of the 
Territory of Washington previous to its admission into 
the Union shall be as valid as if issued in the name 
of the state. 



CONSTITUTION, STATE OF WASHINGTON. 253 

Sec. 2. All laws now in force In the Territory of Laws of terri- 
TTT,. 1 ' ^ 1- 'j_ tory of Wash- 

Washington, which are not repugnant to this constitu- mgton valid. 

tion, shall remain in force until they expire by their 
own limitation, or are altered or repealed by the leg- 
islature : Provided, That this section shall not be so 
construed as to validate any act of the legislature of 
Washington Territory granting shore or tide lands to 
any person, company or any municipal or private cor- 
poration. 

Sec. 3. All debts, fines, penalties and forfeitures Debts, fines. 

, , etc., inure to 

which have accrued, or may hereafter accrue, to the state. 
Territory of Washington shall inure to State of Wash- 
ington. 

Sec. 4. All recognizances heretofore taken, or which Recognizances 
may be taken before the change from a territorial to a territorial gov- 

, . 1 1 11 era ment valid 

State government, shall remain valid, and shall pass to under state 

, government. 

and may be prosecuted in the name of the state, and 
all bonds executed to the Territory of Washington or 
to any county or municipal corporation, or to any 
officer or court in his or its official capacity, shall pass 
to the state authorities and their successors in office, 
for the uses therein expressed, and may be sued for and 
recovered accordingly, and all the estate, real, personal 
and mixed, and all judgments, decrees, bonds, special- 
ties, choses in action, and claims or debts, of whatever 
description, belonging to the Territory of Washington, 
shall inure to and vest in the State of Washington, 
and may be sued for and recovered in the same man- 
ner, and to the same extent, by the State of Washing- 
ton, as the same could have been by the Territory of 
Washington. 



i 



2 54 HISTORY AND GOVERNMENT OF WASHINGTON. 

Penal actions. Sec. 5- All criminal prosecutions and penal actions 
which may have arisen, or which may arise, before the 
change from a territorial to a state government, and 
which shall then be pending, shall be prosecuted to 
judgment and execution in the name of the state. All 
offenses committed against the laws of the Territory 
of Washington, before the change from a territorial to 
state government, and which shall not be prosecuted 
before such change, may be prosecuted in the name 
and by the authority of the State of Washington, with 
like effect as though such change had not taken place ; 
and all penalties incurred shall remain the same as if 
this constitution had not been adopted. All actions at 
law and suits in equity which may be pending in any 
of the courts of the Territory of Washington, at the 
time of the change from a territorial to a state govern- 
ment, shall be continued and transferred to the court 
of the state having jurisdiction of the subject matter 
thereof. 

Pnbiicofficers. Sec, 6. All of^cers now holding their office under 
the authority of the United States, or of the Territory 
of Washington, shall continue to hold and exercise 
their respective offices until they shall be superseded 
by the authority of the state. 

First election Sec. /. All officers provided for in this constitu- 

of officers. . , , , . , , , i i 

tion, including a county clerk for each county, when 
no other time is fixed for their election, shall be elected 
at the election to be held for the adoption of this 
constitution on the first Tuesday of October, i: 



Courts, trans- Sec. 8. Whenever the judge of the superior court 
of any county, elected or appointed under the provis- 



CONSTITUTION, STATE OF WASHINGTON. 255 

ions of this constitution, shall have qualified, the several 
causes then pending in the district court of the terri- 
tory, except such causes as would have been within 
the exclusive jurisdiction of the United States district 
court, had such court existed at the time of the com- 
mencement of such causes within such county, and the 
records, papers and proceedings of said district court, 
and the seal and other property pertaining thereto, 
shall pass into the jurisdiction and possession of the 
superior court of such county. And where the judge 
is elected for two or more counties, it shall be the 
duty of the clerk of the district court having custody 
of such papers and records to transmit to the clerk of 
such county or counties, other than that in which such 
records are kept, the original papers in all cases 
pending in such district and belonging to the jurisdic- 
tion of such county or counties, together with transcript 
of so much of the records of said district court as to 
relate to the same ; and until the district courts of the 
territory shall be superseded in manner aforesaid, the 
said district courts and the judges thereof shall con- 
tinue with the same jurisdiction and powers, to be 
exercised in the same judicial districts, respectively, as 
heretofore constituted under the laws of the territory. 
Whenever a quorum of the judges of the supreme 
court of the state shall have been elected and quali- 
fied, the causes then pending in the supreme court of 
the territory, except such causes as would have been 
within the exclusive jurisdiction of the United States 
circuit court, had such court existed at the time of the 
commencement of such causes, and the papers, records 



2 56 HISTORY AND GOVERNMENT OF WASHINGTON. 

and proceedings of said court, and the seal and other 
property pertaining thereto, shall pass into the juris- 
diction and possession of the supreme court of the 
state, and until so superseded, the supreme court of 
the territory and the judges thereof shall continue with 
like powers and jurisdiction as if this constitution had 
not been adopted. 

Court seals Sec. 9. Until Otherwise provided by law, the seal 

now in use in the supreme court of the territory shall 
be the seal of the supreme court of the state. The 
seal of the superior courts of the several counties of 
the state shall be, until otherwise provided by law, 
the vignette of General George Washington, with the 

words: "Seal of the superior court of county," 

surrounding the vignette. The seal of the municipal- 
ities, and of all county officers of the territory, shall 
be the seals of such municipalities and county officers, 
respectively, under the state, until otherwise provided 
by law. 

Probate court ^^C. lo. When the State is admitted into the Union, 
tnmsferi-eiito ^^^ the supcrior courts in their respective counties or- 

superior court. • 1 ^1 1 1 1 j j • r 

ganized, the books, records, papers and proceednigs of 
the probate court in each county, and all causes and 
matters of administration pending therein, shall, upon 
the expiration of the term of office of the probate 
judges, on the second Monday in January, 1 891, pass 
into the jurisdiction and possession of the superior 
court of the same county created by this constitution, 
and the said court shall proceed to final judgment or 
decree, order or other determination, in the several 



CONSTITUTION, STATE OF WASHINGTON. 2 5/ 

matters and causes as the territorial probate court 
might have done if this constitution had not been 
adopted. And until the expiration of the term of 
ofRce of the probate judges, such probate judges shall 
perform the duties now imposed upon them by the 
laws of the territory. The superior courts shall have 
appellate and revisory jurisdiction over the decisions 
of the probate courts, as now provided by law, until 
such latter courts expire by limitation. 

Sec. II. The legislature, at its first session, shall Election of 
provide for the election of all ofhcers whose election otherwise pro 

. . 1 r 11 • 1 • • • 1 vided for. 

IS not provided for elsewhere m this constitution, and 
fix the time for commencement and duration of their 
term. 

Sec. 12. In case of a contest of election between contest at 
candidates, at the first general election under this con- 
stitution, for judges of the superior courts, the evidence 
shall be taken in the manner prescribed by the terri- 
torial laws, and the testimony so taken shall be certified 
to the secretary of state ; and said officer, together with 
the governor and treasurer of state, shall review the 
evidence and determine who is entitled to the certificate 
of election. 

Sec. 13. One representative in the congress of the Representative 
United States shall be elected from the state at large, ^^^°^°^^^^' 
at the first election provided for in this constitution ; 
and thereafter at such times and places and in such 
manner as may be prescribed by law. When a new 
apportionment shall be made by congress, the legisla- 
ture shall divide the state into congressional districts, 



258 HISTORY AND GOVERNMENT OF WASHINGTON. 



in accordance with such apportionment. The vote cast 
for representative in congress, at the first election, 
shall be canvassed and the result determined in the 
manner provided for by the laws of the territory for 
the canvass of the vote for delegate in congress. 

District, coun- Sec. 1 4. All district, county and precinct officers, 

tv and precinct , . „ , . 

omcers to hold who may be m oftice at the time of the adoption of 

office until 

1891. this constitution, and the county clerk of each county 

elected at the first election, shall hold their respective 
offices until the second Monday of January, A. D. 
1 89 1, and until such time as their successors may be 
elected and qualified, in accordance with the provisions 
of this constitution ; and the official bonds of all such 
officers shall continue in full force and effect as though 
this constitution had not been adopted. And such 
officers shall continue to receive the compensation now 
provided until the same be changed by lav/. 

Sec. 15. The election held at the time of the adop- 
tion of this constitution shall be held and conducted 
in all respects according to the laws of the territory, 
and the votes cast at said election for all officers 
(where no other provisions are made in this constitu- 
tion), and for the adoption of this constitution and the 
several separate articles, and the location of the state 
capital, shall be canvassed and returned in the several 
counties in the manner provided by territorial law, 
and shall be returned to the secretary of the territory 
in the manner provided by the enabling act. 
state constitu- Sec. 1 6. The provisions of this constitution shall 

tion in etfect, ,., r 1, i-ii -i r 

when. be in force from the day on which the president ot 



Election to 
adopt consti- 
tution, how 
conducted. 



CONSTITUTION, STATE OF WASHINGTON. 259 

the United States shall issue his proclamation declar- 
ing the State of Washington admitted into the Union, 
and the terms of all officers elected at the first elec- 
tion under the provisions of this constitution shall 
commence on the Monday next succeeding the issue 
of said proclamation, unless otherwise provided herein. 

Sec. 17. The following separate articles shall be Separate arti- 

. . . . cles submitted. 

submitted to the people for adoption or rejection at the 
election for the adoption of this constitution: Sepa- 
rate article No. i. "All persons, male and female, of Female suf- 
frage, 
the age of 21 years, or over, possessing the qualifica- 
tions provided by this constitution, shall be entitled to 
vote at all elections." Separate article No. 2. " It prohibition 
shall not be lawful for any individual, company or' 
corporation, within the limits of this state, to manu- 
facture, or cause to be manufactured, or to sell, or offer 
for sale, or in any manner dispose of any alcoholic, 
malt or spirituous liquors, except for medicinal, sacra- 
mental or scientific purposes." If a majority of the 
ballots cast at said election on said separate articles 
be in favor of the adoption of either of said separate 
articles, then such separate articles so receiving a ma- 
jority shall become a part of this constitution and shall 
govern and control any provision of the constitution in 
conflict therewith. 

Sec. 18. The form of ballot to be used in voting j^o^m of baiiot. 
for or against this constitution, or for or against the 
separate articles, or for the permanent location of the 
seat of government, shall be : 

I. For the Constitution. 

Against the Constitution. 



26o HISTORY AND GOVERNMENT OF WASHINGTON. 

2. For Woman Suffrage Article. 
Against Woman Suffrage Article. 

3. For Prohibition Article. 
Against Prohibition Article. 

4. P'or the permanent location of the seat of Gov- 
ernment. [Name of place voted for.] 

Appropriation Sec. 1 9. The legislature is hereby authorized to 

authorized to 

pay deiicieucy. appropriate from the state treasury sufficient money to 
pay any of the expenses of this convention not provided 
for by the enabling act of congress. 

CERTIFICATE. 

We, the undersigned, members of the convention to 
form a constitution for the State of Washington, which 
is to be submitted to the people for their adoption or 
rejection, do hereby declare this to be the constitution 
formed by us, and in testimony thereof, do hereunto 
set our hands, this twenty-second day of August, anno 
domini, one thousand eight hundred and eighty-nine. 

JOHN p. HOYT. President. FRANCIS HENRY. 

J. J. BROWNE, GEORGE COMEGYS. 

N. G. BLALOCK, OLIVER H. JOY. 

JOHN F. GOWEY. DAVID E. DURIE. 

FRANK M. DALLAM. D. BUCHANAN. 

JAMES Z. MOORE. JOHN R. KINNEAR. 

E. H. SULLIVAN, GEORGE W. TIBBETTS. 

GEORGE TURNER. H. W. FAIRWEATHER. 

AUSTIN MIRES. THOMAS C. GRIFFITHS. 

M. M. GODMAN. C. H. WARNER. 

GWIN HICKS. J. P. T. McCROSKEY, 

WM. F. PROSSER, S. G. COSGROVE. 

LOUIS SOHNS. THOS. HAYTON. 

A. A. LINDSLEY. SAML H. BERRY. 

J. J. WEISENBURGER. D. J. CROWLEY. 

P. C. SULLIVAN, J. T. McDONALD, 

R. S. MORE. JOHN M. REED. 



CONSTITUTION, STATE OF WASHINGTON. 



261 



THOMAS T. MINOR, 
J. J. TRAVIS, 
ARNOLD J. WEST, 
CHARLES T. FAY, 
CHARLES P. COEY, 
ROBT F. STURDEVANT, 
JOHN A. SHOUDY, 
ALLEN WEIR, 
W. B. GRAY, 
TRUSTEN P. DYER, 
GEO. H. JONES, 
B. L. SHARPSTEIN. 
H. M. LILLIS, 
J. F. VAN NAME. 
ALBERT SCHOOLEY. 
H. C. WILLISON. 
T. M. REED, 
S. H. MANLY, 
RICHARD JEFFS, 

Attest : 



EDWARD ELDRIDGE, 
GEO. H. STEVENSON, 
SILVIUS A. DICKEY. 
HENRY WINSOR, 
THEODORE L. STILES, 
JAMES A. BURIC. 
JOHN McREAVY, 
R. O. DUNBAR. 
MORGAN MORGANS. 
JAS. POWER. 
B. B. GLASCOCK. 
O. A. BOWEN, 
HARRISON CLOTHIER. 

MATT. J. Mcelroy, 

J. T. ESHELMAN, 
ROBERT JAMIESON, 
HIRAM E. ALLEN, 
H F. SUKSDORF. 
J. C. KELLOGG. 

JOHN I. BOOGE, Chief Clerk. 



262 HISTORY AND GOVERNMENT OF WASHINGTON. 

NOTES AND QUERIES ON THE STATE CON- 
STITUTION. 

1. What lesson do you learn from the preamble? 

2. Why is all political power inherent in the people? 

3. What are individual rights? Name some. 

4. What is the use of section 2 of article I? 
Note — That the constitution of the United States is 

the supreme law of the land, would hardly be ques- 
tioned. 

5. What is a "due process of law"? 

6. Why should the people have the right to pe- 
tition? 

7. Why should the people be given the right of 
free speech? 

8. How may this right be abused? 

9. What is the difference between an oath and an 
affirmation? 

10. Should the government require a person to do 
that which his conscience forbids? 

11. We frequently hear the expression, "A man's 
house is his castle." How does section 7 of article I 
apply to this? 

12. Should the government ever grant special privi- 
leges ? 

13. Why is it right not to require a person to give 
evidence against himself? 

14. Why should he not be twice put in jeopardy 
for the same offense? 

15. Why should justice always be administered 
openly? 



CONSTITUTION, STATE OF WASHINGTON. 263 

16. Should capital punishment be administered 
openly? 

17. Should church and state be ever united? 
Why? 

18. Is religious freedom right? Why? 

19. What effect would the enactment of special laws 
have ? 

20. What is meant by the writ of habeas corpus? 

2 1 . Why should this writ ever be suspended ? 

22. Has it ever been suspended in Washington? 
If so, when? 

23. Why is section 14 of article I a good one? 

24. What is meant by "corruption of blood"? 

25. What is meant by "taking private property for 
private use" ? 

26. Why should not a person be imprisoned for 
debt? 

27. Why should the military be subordinate to the 
civil power? 

28. Why should elections be free? 

29. Why not make capital offenses bailable? 

30. What makes the right of trial by jury so sacred 
to the people? 

31. Is justice more liable to be rendered by jury 
than by other processes? 

32. Why should a person be given the right of 
defense? Of appeal? 

33. What is a "bill of attainder"? An ''ex post 
facto law" ? 

34. Should a citizen have the right to bear arms? 
Why? 



264 HISTORY AND GOVERNMENT OF WASHINGTON. 

35. What is the difference between a prosecution 
by indictment, and one by information? 

36. What is a grand jury? What are its duties? 

37. Can there be a greater crime than that of 
treason? If so, what? 

3 8 . Why should not hereditary privileges be granted ? 

39. What is meant by mandatory provisions? 

40. Name some rights of the people not enumer- 
ated in this constitution. 

41. Has this country any need of a standing army? 

42. What is meant by the phrase, "A frequent re- 
currence to fundamental principles"? 

Note — A written constitution should not be a vo- 
luminous document. The constitution of the United 
States is multinn in parvo, and it has received the 
admiration of the statesmen of the world and been 
pronounced the ablest document of its kind. Many 
of the provisions of the first article of the constitution 
of Washington are found in the constitution of the 
United States. Granting that section 2 of the first 
article of our state constitution is true, let the student 
show how this article may be abridged and take noth- 
ing from its potency. 

ARTICLE II. — LEGISLATIVE DEPARTMENT. 

Note — Only such questions will be asked here as 
have not already been propounded in the first part of 
this chapter. These questions are designed to be sug- 
gestive and lead to thought and supplemental reading 
on the part of the student. 



CONSTITUTION, STATE OF WASHINGTON. 265 

43. When will the next division of the state into 
senatorial and representative districts be made? 

44. Why are untaxed Indians, soldiers, sailors, etc., 
excluded from the state census? 

45. Could section 4 of this article be stricken out? 

46. What is the propriety of section 6 of this 
article? 

47. Does any part of the proceedings of the legis- 
lature require secrecy? Wh}^? 

48. Is section 13 of this article a good provision? 
Why? 

49. Give reasons for the restrictions in section 14. 

50. Why should the members of the legislature be 
free from arrest and have such great freedom of speech? 

5 I . Why should not the legislature grant divorces 
and authorize lotteries? 

52. Are the restrictions on special legislation wise 
measures? Discuss each one fully. 

Note — Perhaps some of these cases would better 
have been left by the rnakers of the constitution for 
legislative enactments. 

53. Why should not convict labor be let by con- 
tract? 

54. What is your opinion in regard to the wisdom 
of section 30? 

55. Why should not all laws go into effect as soon 
as enacted? 

56. Is the restriction against aliens owning land a 
good one? Why? 

57. What is the use of a bureau of statistics? 



266 HISTORY AND GOVERNMENT OF WASHINGTON. 

58. Is section 35 a good provision? Why? 

59. Should public officers be forbidden to use trans- 
portation passes? Why? 

ARTICLE III. — THE EXECUTIVE. 

60. Should the governor in his messages to the leg- 
islature ever dictate to the members their action? 

Note — It is the design in all governments subordi- 
nate to that of the United States to follow the example 
of making the three departments entirely independent 
of one another, 

61. Should the governor make frequent use Of the 
pardoning power? Why? 

62. How does one of the provisions of section ii 
of this article compare with restriction number 14 of 
section 28 of article II? 

63. Name any duties of state officers as given in 
this constitution and not mentioned in the first part 
of the chapter. 

64. What state officers must reside in Olympia? 

65. Why does the constitution prohibit the state 
treasurer from serving two terms in succession and not 
the other state officers? 

66. Would it be wise to abolish the three state 
offices mentioned in section 25? 

ARTICLE IV. — THE JUDICIARY. 

6y . What is meant by "non-judicial days?" 
68. What is original jurisdiction? Appellate? 



CONSTITUTION, STATE OF WASHINGTON. 267 

69. Give the meaning of the terms "quo warranto" 
and "mandamus." 

70. How is the state divided judicially at the pres- 
ent time? [See the statutes.] 

71. Discuss the powers of judges and courts fully. 

72. What is the difference between the powers of 
a justice of the peace and a police justice? 

J'i^. What is meant by a court of record? 

74. Are the salaries of judges too high? Why? 

75. Is section 16 of this article necessary? 
Note — One would require but little effort of thought 

to determine that the functions of a jury are to de- 
termine the matters of fact in an action, and those of 
the judge to expound the law. 
Jd. Is section 17 a wise one? 

ARTICLE V. — IMPEACHMENT. 

Jj . What is an impeachment? 

78. If an officer be impeached, what penalty fol- 
lows ? 

ARTICLE VI. — ELECTIONS AND ELECTIVE RIGHTS. 

79. Why should voters be free from arrest on elec- 
tion day? 

80. What is the object of making election day "on 
the Tuesday succeeding the first Monday of November' ' ? 

ARTICLE VII. REVENUE AND TAXATION. 

81. What is the best system of taxation? Why? 

82. Why should there be any exemptions in tax- 
ation? 



268 HISTORY AND GOVERNMENT OF WASHINGTON. 

ARTICLE VIII. — STATE, COUNTY AND MUNICIPAL 
INDEBTEDNESS. 

83. Was it wise to limit the amount of the state's 
indebtedness? 

84. Why is section 5 a good provision? 

85. Are the limitations expressed in section 6 wise? 

ARTICLE IX. — EDUCATION. 

This subject has been treated so fully in the chapter 
on the school that it is not necessary to go into an 
analysis of this article of the constitution. 

ARTICLE X. — MILITIA. 

86. Why does the state need militia? 

87. Should citizens be drilled in military duties? 

88. If all citizens of the state should declare they 
have conscientious scruples against bearing arms, would 
such declaration render this article of the constitution 
inoperative ? 

ARTICLE XI. — COUNTY, CITY AND TOWNSHIP 
ORGANIZATION. 

89. Why was the provision for township organiza- 
tion made? 

ARTICLE XII. — CORPORATIONS OTHER THAN 
MUNICIPAL. 

90. Why should corporations be formed? 



CONSTITUTION, STATE OF WASHINGTON. 269 

Note — This long article of the constitution covers 
matters provisions for which should be made by legis- 
lative enactment. It embraces subjects which belong 
rather to statute than to constitutional law. Query — 
Can }'ou find anything like this article in the consti- 
tution of the United States? 



ARTICLE XIII. STATE INSTITUTIONS. 

91. What other state institutions, if any, besides 
those established are needed? 

ARTICLE XIV. — SEAT OF GOVERNMENT. 

92. Can the seat of government ever be removed 
from Olympia? How? 

93. Should it be done? Why? 

ARTICLE XV. — HARBORS AND TIDE WATERS. 

94. Should not article XV be the subject of the 
statutes rather than the constitution? 

ARTICLE XVI. — SCHOOL AND GRANTED LANDS. 

95. Why should this article be made a matter of 
constitutional law? 

ARTICLE XVII. — TIDE LANDS. 

Note — It is difficult to see why this article was 
made a part of the state constitution. 



270 HISTORY AND GOVERNMENT OF WASHINGTON. 

ARTICLE XVni. — STATE SEAL. 

Note — Unlike the three preceding articles, this is 
very appropriate in the constitution, and a better and 
more appropriate design could not have been found. 
A cut of the seal is given on the title page of this 
supplement. 

ARTICLE XIX. — EXEMPTIONS. 

Note — This article contains a matter belonging to 
statute law rather than the constitution, yet the pro- 
vision is a good one. 

ARTICLE XX. — PUBLIC HEALTH AND VITAL STATISTICS. 

Note — The framers of the constitution seemed to 
mistake their functions at times and go into legislation 
rather than to frame a constitution embracing only the 
fundamental principles of government. 

ARTICLE XXI. — WATER AND WATER RIGHTS. 

Note — The necessity for irrigation in some parts of 
the state was perhaps the cause of the insertion of this 
article in the constitution. 

ARTICLE XXII. — LEGISLATIVE APPORTIONMENT. 

Note — The matter of this article has been given 
elsewhere in this chapter. 

ARTICLE XXIII. — AMENDMENTS. 

Note — Several amendments have been offered to 
the constitution and submitted to a vote of the people, 
but none of them have prevailed. 



CONSTITUTION, STATE OF WASHINGTON. 2/1 

ARTICLE XXIV. — BOUNDARIES. 

96. Why should the boundaries of the state be 
made a part of the constitution? 

ARTICLE XXV. — JURISDICTION. 

97. Why should the United States rather than the 
state have jurisdiction over forts, arsenals, lighthouses, 
etc.? 

ARTICLE XXVI. — COMPACT WITH THE UNITED STATES. 

98. Should universal toleration of opinion be 
granted the people by the constitution? Why? 

99. Should the United States have jurisdiction of 
the public lands? Why? 

100. Was it right for the state when admitted to 
assume the debts and liabilities of the Territory of 
Washington? Why? 

loi. Why should the state guarantee the mainte- 
nance of a system of public schools? 

ARTICLE XXVII. — SCHEDULE. 

102. Was it necessary to make the provisions of 
this article in changing from a territorial to a state 
government ? 

103. Is this article or any part of it still needed? 

104. What provisions should a state constitution 
make? 

105. Carefully distinguish between constitutional 
matter and statute matter. 



2/2 HISTORY AND GOVERNMENT OF WASHINGTON. 

1 06. Write a general review of the state constitution 
and show how it might be abridged without affecting 
its potency as a charter of the rights and Hberties of 
the people. 

107. Which is the easier to accomplish, change a 
bad statute or a bad provision of the constitution? 



LIST OF TERRITORIAL OFFICERS. 



GOVERNORS. 



Isaac I. Stevens, 
F'ayette McMullen, 
Richard D. Gholson, 
W. H. Wallace, 
William Pickering, 
George E. Cole, 
Marshall F. Moore, 
Alvin Flanders, 
Edward S. Salomon, 
Elisha P. Ferry, 
W. A. Newell, - 
Watson C. Squire, - 
Eugene Semple, 
Miles C. Moore, 



1853 to 1857 
1857 to 1859 
1859 to 1861 

1 86 1 to 1862 

1862 to 1866 

1866 to 1867 

1867 to 1869 

1869 to 1870 

1870 to 1872 
1872 to 1880 
1880 to 1884 
1884 to 1887 
1887 to 1889 

(7 months.) 



Charles H. Mason, 
H. M. McGiU, 
L. J. S. Turney, - 



SECRETARIES. 



1853 to 1857 
1857 to i860 
i860 to 1862 



CONSTITUTION, STATE OF WASHINGTON. 



273 



Elwood Evans, 
E. L. Smith, 
James Scott, - 
J. C. Clements, - 
Henry G. Struve, 
N. H. O wings, - 
O. C. White, - 



1862 to 1867 

- 1867 to 1870 
1870 to 1872 

- 1872 to 1873 
1873 to 1879 

- 1879 to 1889 
889 to Statehood 



TREASURERS. 



WilHam Cock, 

D. Phillips, 
William Cock, 
Benjamin Harned, 
James Tilton, - 
Benjamin Harned, 
Hill Harmon, - 

J. H. Munson, - 

E. T. Gunn, 
Francis Tarbell, - 
Thomas N. Ford, 
William McMicken, 
Frank I. Blodgett, 



1854 to 1861 
1861 to 1863 

1863 to 1864 

1864 to 1865 

1865 to 1867 
1867 to 1870 

1870 to 1871 

1871 to 1872 

1872 to 1874 
1874 to 1880 
1880 to 1886 
1886 to 1888 
to Statehood 



AUDITORS, 



Urban E. Hicks, 
A. J. Moses, 
J. C. Head, - 
R. M. Walker, - 
Urban E. Hicks, 
John M. Murphy, 



1858 to 1859 

- 1859 to i860 
i860 to 1862 

- 1862 to 1864 
1864 to 1867 

- 1867 to 1870 



2 74 HISTORY AND GOVERNMENT OF WASHINGTON, 



J. G. Sparks, - 
N. S. Porter, 
John M. Murphy, 
John R. Wheat, - 
Thomas M. Reed, 
John M. Murphy, 



1870 to 1871 

- 1871 to 1872 
1872 to 1874 

- 1874 to 1876 
1876 to 1888 

1888 to Statehood 



CHIEF JUSTICES. 



Edward Lander, - 
O. B. McFadden, 
C. C. Hewitt, - 

B. F. Dennison, 
WilHam L. Hih, - 
Orange Jacobs, 

J. R. Lewis, 
Roger S. Greene, 
Richard A. Jones, 

C. E. Boyle, - 
Thomas Burke, - 
C. H. Hanford, 



- 1853 to 1858 
1858 to 1861 

- 1861 to 1869 
1869 to 1870 

- 1870 to 1871 
1871 to 1875 

- 1875 to 1879 
1879 to 1887 

- 1887 to 1888 
1888 (Died, December.) 

- 1888 to 1889 
1889 to Statehood. 



ASSOCIATE JUSTICES. 



Victor Monroe, 
F. A. Chenoweth, 
O. B. McFadden, 
WiUiam Strong, 
E. C. Fitzhugh, - 
J. E.Wyche^ - 
E. P. Ohphant, - 
C. B. Darwin, 



1853 

1853 to 1858 
1853 to 1858 
1858 to 1861 
1858 to 1861 
1861 to 1870 
1861 to 1867 

1867 



CONSTITUTION, STATE OF WASHINGTON 



275 



B. F. Dennison, - 
Orange Jacobs, 
James K. Kennedy, 
J. R. Lewis, 
Roger S. Greene, 
S. C. Wingard, 
John P. Hoyt, - 
George Turner, 
L. B. Nash, 
W. G. Langford, 
Frank Allyn, 
W. H. Calkins, 



- 1868 to 1869 
1869 to 1870 

- 1870 to 1873 
1873 to 1875 

- 1871 to 1879 
1875 to 1879 

- 1879 to 1887 
1884 to 1888 

- 1888 to 1889 

1886 to Statehood 

1887 to Statehood 
1889 to Statehood 



ATTORNEY GENERAL. 



J. B. Metcalfe, 



1888 to Statehood 



DELEGATES TO CONGRESS. 



Columbia Lancaster, 
William H. Wallace, 
J. Patton Anderson, 
Isaac L Stevens, 
Isaac I. Stevens, 
William H. Wallace, 
George E. Cole, 
Arthur A. Denny, 
Alvin Flanders, 
Salucius Garfielde, 
Salucius Garfielde, - 
O. B. McFadden, 
Orange Jacobs, 



1853 
1854 
1855 
1857 
1859 
1861 

1863 
1865 
1867 
1869 
1870 
1872 
1874 



2/6 HISTORY AND GOVERNMENT OF WASHINGTON. 



Orange Jacobs, - 
Thomas H. Brents, 
Thomas IT Brents, 
Thomas H. Brents, 
Charles S. Voorhees, 
Charles S. Voorhees, 
John B. Allen, - 



1876 
1878 
1880 
1882 
1884 
1886 
1888 



U. S. SURVEYOR-GENERALS. 



James Tilton, - 
A. G. Henry, 
Salucius Garfielde, - 
Elisha P. Ferry, - 
L. B. Beach, - 
William McMicken, 
J. C. Breckinridge, - 
T. H. Cavanaugh, 



1853 to i860 

- 1864 to 1866 
1866 to 1869 

- 1870 to 1872 

1873 

- 1873 to 1886 
i8«6 to 1889 

1889 to Statehood 



U. S. \TTORNEYS. 



J. S. Clendenin, 
H. R. Crosbie, 
J. S. Smith, - 
B. P. Anderson, - 
J.J. McGilvra, 
Leander Holmes, 
Samuel C. Wingard, 
John B. Allen, - 
William H. White, ■ 



1853 to 1856 

- 1856 to 1857 
1857 to 1859 

- 1859 to 1861 
1 86 1 to 1867 

- 1867 to 1873 
1873 to 1874 

- 1875 to 1886 
1886 to Statehood 



CONSTITUTION, STATE OF WASHINGTON. 27/ 

U. S. MARSHALS. 

J. P. Anderson, - - - ' - 1853 to 1855 

G.W.Corliss, ----- 1856 to 1858 

Charles E. Weed, - - - - 1859101862 

William Huntington, - - - - 1863 to 1868 

Philip Ritz, ----- 1869 to 1870 

E. S. Kearney, ----- 1870 to 1874 

Charles Hopkins, _ - - - 1875101886 

T. J. Hamilton, - - - - 1886 to Statehood 



LIST OF STATE OFFICERS. 

GOVERNORS. 

Elisha P. Ferry, - - - - 1889 to 1893 

John H. McGraw, - - - - 1893 to 1897 

John R. Rogers, - - - - 1897 

LIEUTENANT-GOVERNORS . 

Charles E. Lawton, - - - - 1889 to 1893 

F. H. Luce, ----- 1893 to 1897 

Thurston Daniels. - - - - 1897 

SECRETARIES OF STATE. 

Allen Weir, ----- 1889101893 

James H. Price, ----- 1893 to 1897 

Will D. Jenkins, ^ - - - 1897 



2/8 HISTORY AND GOVERNMENT OF WASHINGTON. 



AUDITORS. 



T. M. Reed, - -. - - - 1889 to 1893 

*L. R. Grimes, - - - - - 1893 to 1897 

Neal Cheatham, _ _ _ - 1897 

TREASURERS. 

A. A. Lindsley, - - - - 1889 to 1893 

Ozra A. Bowen, ----- 1893 to 1897 

C. W. Young, - . - - 1897 

COMMISSIONERS OF PUBLIC LANDS. 

W. T. Forrest, _ _ _ . 1889 to 1893 

W. T. Forrest, ----- 1893 to 1897 

Robert Bridges, - - - - 1897 

ATTORNEY-GENERALS . 

W. C. Jones, 1893 to 1897 

Patrick H. Winston, - - - - 1897 

SUPERINTENDENTS OF PUBLIC INSTRUCTION. 

Robert B. Bryan, - - - - 1889 to 1893 

Charles W. Bean, _ - _ _ 1893 to 1897 

Frank J. Browne, - - - -, 1897 

STATE PRINTERS. 

O. C. White, ----- 1893 to 1897 

Gwyn Hicks, _ _ - _ _ 1897 



*Mr. Grimes died before his term of office expired, and his place was filled 
by the appointment of J. E. Frost. 



CONSTITUTION, STATE OF WASHINGTON. 2/9 

UNITED STATES SENATORS. 

John B. Allen, ----- 1889 to 1893 

Watson C. Squire, - - - - 1889 to 1891 

Watson C. Squire, _ - - - 1891 to 1897 

John L. Wilson, - - _ - 1895 

George Turner, ----- 1897 

REPRESENTATIVES TO CONGRESS. 

John L. Wilson, - - - - 1889 ^^ ^^9^ 

John L. Wilson, ----- 1890 to 1892 

John L. Wilson, - - - - 1892 to 1894 

W. H. Doolittle, - - - _ 1892 to 1894 

W. H. Doolittle, - - - - 1894 to 1897 

Samuel C. Hyde, - - _ _ 1894 to 1897 

James H. Lewis, _ - - _ 1897 

W. C. Jones, ----- 1897 



PART IIL 



CONSTITUTION 



-OF THE- 



UNITED STATES 




-WITH- 



Notes and Sug-g-estive Questions, 



281 



CHAPTER XIII. 

INTRODUCTION AND PREAMBLE. 

384. Prelirainary Statement. In order to under- 
stand the nature and objects of the provisions of the 
constitution of the United States, it is necessary to 
know something of the origin and settlement of the 
thirteen states originally composing the Union, and 
their political relations at the time of the adoption of 
the constitution. At the outset, then, we must briefly 
review the history of the thirteen colonies, their gov- 
ernments, their confederation, origin of the revolution, 
and their government during the revolution. 

385. The Thirteen American Colonies. The original 
thirteen states which declared themselves free and 
independent on the 4th of July, 1776, were New Hamp- 
shire, Massachusetts, Rhode Island, Connecticut, New 
York, New Jersey, Pennsylvania, Delaware, Maryland, 
Virginia, North Carolina, South Carolina, and Georgia. 
Prior to this date they had been subject to the author- 
ity of the government of Great Britain. 

386. Settlement of the Colonies. King James I in 
1606 granted all the lands lying on the Atlantic coast 
between the thirty-fourth and the forty-fifth degrees of 
north latitude and the islands adjacent, within one 
hundred miles, which were not then possessed by any 

283 



284 HISTORY AND GOVERNMENT OF WASHINGTON. 

Christian prince or people to two companies. The 
first, or southern colony, was granted all the lands 
between the thirt}'-fourth and the forty-first parallels ; 
and the second, or northern colony, was granted all 
the lands between the thirty-eighth and forty-fifth par- 
allels, but not within one hundred miles of the prior 
colon}\ Each colony was to have exclusive title to 
all territory within fifty miles of the seat of its first 
plantation. The southern colony was named Virginia. 
The proprietors of the northern colony were called the 
Plymouth Company. The states south of the Potomac 
River had their origin from Virginia; the New England 
states were founded by the Plymouth Company. 

387. Subjects of Great Britain. These two compan- 
ies were authorized by charters to plant colonies of 
English subjects within their respective territories, who 
with their children born in the colonies were declared 
to possess all liberties, franchises and immunities be- 
longing to the subjects of the crown of England an}^- 
where within the realm or other dominions of that 
crown . 

388. Date of Settlements. Virg-inia was the first 
colony settled in 1607 at Jamestown. The colony of 
Pl)miouth was settled in 1620 at Pl)'mouth, Massachu- 
setts. The colony of Massachusetts was settled in 
1628. The Plymouth and Massachusetts colonies were 
united in 1692. New Hampshire was settled in 1629, 
Maryland in 1632, Connecticut in 1635, Rhode Island 
in 1636, New York in 1662, North and South Carolina 
in 1663, New Jersey in 1664, Pennsylvania in 1681, 



CONSTITUTION OF THE UNITED STATES. 285 

Delaware in 1682, and Georgia in 1732. These dates 
refer to the permanent Enghsh settlements. 

389. Colonial Governments. There were three forms 
of government in the colonies prior to the revolution : 
(i) Provincial, (2) proprietary, (3) charter. 

390. Provincial Governments. This form of gov- 
ernment was under the immediate authority of the king 
of England, who appointed royal governors with com- 
missions and instructions for the administration of the 
governmental affairs of the colony. They had no con- 
stitution, but were subject to the pleasure of the king. 
The commissions from the king also provided a council 
who were to assist the governor in the performance of 
his duty and form a branch of the colonial legislature. 
The other branch consisted of representatives elected 
by the free-holders of the colony. The provincial as- 
semblies, composed of the governor, the council and 
the representatives, convened from time to time with 
power to make local laws and ordinances not repug- 
nant to the laws of England. The representatives 
composed the lower house, the council the upper house, 
and the governor had a negative upon all their pro- 
ceedings. The governor appointed the judges and 
other officers of the province. At the beginning of the 
revolution New Hampshire, New York, Virginia, North 
Carolina, South Carolina and Georgia had provincial 
governments. 

391. Proprietary Governments. This form of co- 
lonial government consisted of grants from the crown to 
one or more persons called proprietary, or proprietaries, 



286 HISTORY AND GOVERNMENT OF WASHINGTON. 

conveying to them the right to certain territory with 
general powers of government. This form of govern- 
ment resembled the old feudal system. The proprietary 
or proprietaries appointed the governor, and the legis- 
lature was organized according to his or their will. 
The appointment of officers and other executive func- 
tions were exercised either by the proprietary or 
proprietaries, or by their chosen governor. At the 
beginning of the revolution Maryland, with Lord Balti- 
more as proprietary, and Pennsylvania and Delaware 
with William Penn as proprietary, had proprietary 
governments. 

392. Charter Grovernments, This form of colonial 
government consisted of political corporations created 
by the crown, conferring on the grantees the territory 
within certain limits, with the power of legislation and 
other functions of government. The charters were 
constitutions for the colonies, in which all the depart- 
ments of government were provided. The only charter 
governments at the beginning of the revolution were 
those of Massachusetts, Rhode Island, and Connecticut. 

393. Governed by the Common Law of England. 

In all the colonies the common law of England, as far 
as applicable, was made the basis of their jurisprudence. 
The colonists claimed the benefits of this law as their 
birthright and Inheritahce. The common law became 
the guardian of their civil and political rights; it pro- 
tected their liberties, It nurtured their growth, it planted 
in their minds the spirit of independence, and when the 
mother country attempted to abridge the great privi- 



CONSTITUTION OF THE UNITED STATES. 28/ 

leges of the colonies by denying them the wholesome 
protection of the common law they resorted to arms to 
defend their birthright, and triumphed over tyranny, 
and gave to their posterity the blessings of the freest 
and best government on earth. 

394. Origin of the Revolution. Prior to the revolu- 
tion the colonies recognized the sovereign power of the 
king of England. They had a common origin and 
owed a common allegiance, yet they had no direct 
political connection with one another. The colonies 
had no political relations with foreign nations, but fol- 
lowed the fortunes of the mother country, both in peace 
and in war. Nevertheless the colonies were not entirely 
alien to one another. Every colonist had the privilege 
to own lands in, trade in, or inhabit any colony he 
pleased. He was free to go from one colony to another 
as if they were the parts of the same country. This led 
to their union when their safety demanded a co-opera- 
tion. The parliament of Great Britain claimed the right 
to legislate over the colonies in all cases, and when the 
attempt was made to exercise the power of internal 
legislation and taxation, as was done by the stamp act 
in 1765, the colonies formed a confederacy and boldly 
resisted the tyranny. 

395. Declaration of Rights. The first continental 
congress in 1774 adopted a declaration of the rights of 
the colonies in substance as follows : 

(i) That they are entitled to life, liberty and prop- 
erty, and they have never ceded to any power a right 
to dispose of either without their consent. 



288 HISTORY AND G(3VERNMENT OF WASHINGTON. 

(2) That their ancestors, who first settled the colo- 
nies, were entitled to all the rights, liberties and 
immunities of free and natural-born subjects within the 
realm of England. 

(3) That by emigration they had not forfeited, 
surrendered, or lost any of those rights, but that they 
were, and their descendants now are, entitled to them. 

(4) That the foundation of English liberty is a right 
in the people to participate in their legislative councils ; 
and as the English colonists are not represented, and 
from their local and other circumstances cannot properly 
be represented in the British parliament, they are 
entitled to a free and exclusive power to legislate for 
themselves in all cases of taxation and internal polity, 
subject only to the negative of their sovereign according 
to established usage. 

(5) That the respective colonies are entitled to the 
common law of England, and more especially the great 
and inestimable privilege of being tried by their peers 
of the vicinage, according to the course of that law. 

(6) That the colonies are entitled to the benefit of 
such of the English statutes as existed at the time of 
their colonization, and which they have by experience 
found applicable to their several local and other cir- 
cumstances. 

(7) That they are entitled to all the immunities 
and privileges granted to them by royal charters, or 
secured to them by their several codes of provincial law. 

(8) That they have a right peaceably to assemble, 
consider their grievances and petition the king, and that 



CONSTITUTION OF THE UNITED STATES. 289 

all prosecutions, prohibitory proclamations and commit- 
ments for the same are illegal. 

(9) That the keeping of a standing army in these 
colonies in time of peace without the consent of the 
legislature of that colony in which such army is kept 
is against law. 

(10) That it is indispensably necessary to good 
government, and rendered essential by the English con- 
stitution, that the constituent branches of the legislature 
be independent of each other; that therefore the exer- 
cise of legislative power in several colonies by a council 
appointed during pleasure by the crown is unconstitu- 
tional, dangerous, and destructive to the freedom of 
American legislation. The principles enumerated in 
this declaration of rights were defended by our revolu- 
tionary forefathers until independence was gained and 
admitted by Great Britain by the treaty of 1783. 

396. Revolutionary Government. During the rev- 
olutionaty war the colonies were joined in a league 
for common safety, and were governed by a con- 
gress composed of representatives of the several colonies. 
This congress constituted the national government, 
and conducted the national affairs until the close of 
the war. 

397. The First Continental Congress. In 1/74 
Massachusetts recommended that a continental con- 
gress, composed of delegates from all the colonies, 
assemble at Philadelphia to deliberate on the common 
welfare, and to provide plans for future operations. 
This congress convened on the 4th of September, 



290 HISTORY AND GOVERNMENT OF WASHINGTON. 

1774, and completed an organization by electing offi- 
cers and adopting rules for the government of their 
proceedings. Each colony was given one vote in this 
congress. They made and adopted the declaration of 
rights, and such other measures as the condition of 
affairs seemed to require. They proposed the forming 
of another congress and then adjourned. 

398. The Second Continental Congress. On May 

I0> 1775, the second continental congress, composed as 
the first, convened at Philadelphia and adopted many 
important measures, and finally in 1776 adopted the 
Declaration of Independence, which was almost unan- 
imously ratified by the people. This congress conducted 
the affairs of* the national government until near the 
close of the war, when the articles of confederation 
were adopted by all the states. The powers which 
the continental congress exercised were assumed as the 
exigencies of public affairs required. These powers 
originated from necessity and were limited by events. 
They were revolutionary powers, and the dangers of 
the times caused the people to trust implicitly in the 
integrity, wisdom and patriotism of their representa- 
tives. The trust was well founded, for a wiser, more 
patriotic body of men never assembled in the annals 
of history. 

399. Historical Sketch of the Confederation. The 
continental congress desired to provide the means of a 
permanent union of all the colonies under the govern- 
ment. After discussing the question at the several 
sessions, they, in November, 1777, formed a govern- 



CONSTITUTION OF THE UNITED STATES. 29 1 

ment consisting of the articles of confederation, which 
they sent to all the colonies for adoption. In March, 
178 1, Maryland, the last state to do so, adopted the 
articles, and they went into operation 

400. An Eminent Statesman's Opinion. It was said 
by a prominent statesman that the continental congress 
have power by the articles of confederation for the 
following purposes without the ability to execute one 
of them: "They may make and conclude treaties, but 
can only recommend the observance of them. They 
may appoint embassadors, but they cannot defray even 
the expenses of their tables. They may borrow money 
in their own name, or the faith of the Union, but they 
cannot pay a dollar. They may coin money, but they 
cannot import an ounce of bullion. They may make 
war, and determine what number of troops are neces- 
sary, but they cannot raise a single soldier. In short, 
they may declare everything, but they can do nothing." 

401. Defects of the Articles of Confederation. The 
articles of confederation were defective in the follow- 
ing particulars : 

( I ) The continental congress had not the authority 
to carry any of their enactments into effect. They 
could not legislate in regard to individuals, but could 
only recommend measures to the states. The states 
disregarded many of the measures so recommended. 

(2) The continental congress could not punish 
individuals for any violations of their enactments. 
Individuals obeyed the laws of the congress when it 



292 HISTORY AND GOVERNMENT OF WASHINGTON. 

suited their convenience, and disregarded them with 
impunity whenever they saw fit to do so. 

(3) The continental congress had no power to levy 
taxes or collect revenue for the public service. This 
frequently left them without the necessary means to 
carry on the war, and they were enabled to keep up their 
resistance to Great Britain only by means secured by 
loans from foreign countries and the public spirit of certain 
individuals, as, for instance, Robert Morris, who though 
rich, became bankrupt to aid his country. And after 
the close of the war, in 1783, the states refused to 
furnish the means to congress to defray the necessary 
governmental expenses and pay the interest on the 
public debt. 

(4) The continental congress had no power to 
regulate commerce, either domestic or foreign. The 
result was the greatest confusion among the commercial 
relations of the several states. Neighboring states en- 
acted retaliatory laws in regard to commerce. F'oreign 
nations profited by this confusion. There were many 
other defects in the articles of confederation which 
rendered them unfit as a charter of the liberties of the 
people. It was evident to the minds of the statesmen 
of that time that something must be done to remedy 
the defects, or the American Union would perish and 
the fruits of the revolution be destroyed. 

402. Origin of the Constitution. In September, 
1786, a convention consisting of delegaates from five 
states was held at Annapolis to consider the state of 
trade and suggest means to promote harmony among 



CONSTITUTION OF THE UNITED STATES. 293 

the States. They adopted a report to be laid before 
the continental congress, advising the latter to call a 
general convention of commissioners from all the states 
to meet in Philadelphia in May, 1787, to revise the 
articles of confederation. Congress acted accordingly, 
and passed a resolution assembling the convention. 

403. The Framing of the Constitution. The conven- 
tion assembled at Philadelphia. All the states were 
represented except Rhode Island. After several plans 
of government had been discussed and a protracted 
delfberation held during a period of four months, in 
which there was great diversity of opinion, finally on 
the 17th of September, 1787, Jthe present Constitution 
of the United States was framed, adopted and recom- 
mended to the people of the several states for ratifi- 
cation. 

404. Ratification of the Constitution. The consti- 
tution was ratified by all the states except North 
Carolina and Rhode Island within a brief period. The 
assent of nine states was required to make the consti- 
tution operative. This was accomplished in September, 
1788, and the new government went into effect. 
Afterward North Carolina adopted the constitution in 
November, 1789, and Rhode Island in May, 1790. 
Then the constitution became the supreme law for all 
the people of the thirteen states. 

CONSTITUTION OF THE UNITED STATES. 

The constitution is the great charter of our liberty 
and deserves the most careful study. We will begin 
with the 



294 HISTORY AND GOVERNMENT OF WASHINGTON. 

Preamble. We, the people of the United States, 
in order to form a more perfect union, estabHsh justice, 
insure domestic tranquihty, provide for the common 
defence, promote the general welfare, and secure the 
blessings and liberty to ourselves and our posterity, do 
ordain and establish this constitution for the United 
States of America. 

SUGGESTIVE QUESTIONS AND NOTES. 

[It has been our aim in preparing these questions, 
as in the other parts of the book, to make them 
suggestive of other matter than that of the text, and 
thus lead the student to original Investigation and 
thought, and additional reading.] 

1 . Why is It necessary to know the early history 
and government of the colonies to understand our 
constitution? 

2. How did Great Britain obtain authority over 
the thirteen colonies? 

3. What right had King James to grant lands In 
America? 

4. How did the colonists of Virginia and New 
England differ In character? [See any good U. S. 
History.] 

5. Name the colonies formed within the grant of 
the Plymouth Company, the London Company. 

6. Name the various objects of the several settle- 
ments made In the colonies. 

7. In what way were the three forms of colonial 
government alike? How did they differ? 



CONSTITUTION OF THE UNITED STATES. 295 

8. Why were most of the colonies under provincial 
governments at the beginning of the revolution? 

9. What is meant by "The Common Law?" 

10. Name other causes of the revolution than those 
mentioned in the text. 

1 1 . What law gave the colonists the rights enum- 
erated in the declaration of the first continental 
congress ? 

12. Was this declaration founded on justice? 

13. What form of government prevailed during the 
revolution? 

14. Why did Massachussetts take the lead in 
recommending the organization of the continental 
congress ? 

15. What two colonies were leaders in the revolu- 
tion ? Why ? 

16. How long did the government under the second 
continental congress exist? 

17. If the constitution had not been made to take 
the place of the articles of confederation, how long 
would the national government probably have lasted? 

18. What opposition was made to the adoption of 
the constiution? [See any good U. S. History.] 

19. Commit the preamble to memory. 

20. Is the constitution a league, or confederacy 
of the states? Give a reason for your answer. 

21. What was the first object of the framers of 
the constitution? What led to this? 

Note. — Story says that Abbe Mably remarked : 
That "neighboring states are naturally enemies of 
each other, unless their common weakness forces them 



296 HISTORY AND GOVERNMENT OF WASHINGTON. 

to league in a confederatlve republic, and their con- 
stitution prevents the differences that neighborhood 
occasions, extinguishing that secret jealousy which 
disposes all states to aggrandize themselves at the 
expense of their neighbors." 

22. If the states of the Union should separate into 
distinct confederacies, how many such confederacies 
would there probably be? Give reason for your 
answer. 

23. What lines of division would trace the geo- 
graphical boundaries of these confederacies? 

Hint. — Think of the several local interests of our 
country; such as influence commerce, manufacturing, 
mining, agriculture, etc. 

24. Give several reasons why the Union of all the 
states is essential to the welfare of the people. 

25. What was the second object of the framers of 
the constitution? 

26. Why is justice essential to any form of civil 
government? 

27. How should justice be administered? 

28. Granted that the attainment of justice is the 
foundation upon which all the state governments 
rest ; in what respects does the formation of a 
national government better tend to establish justice? 

29. What is the third object of the framers of the 
constitution? 

30. What is meant by "domestic tranquility"? 

3 1 . Were there any dissensions among the confed- 
erated states before they were bound together by the 
constitution? If so, state what they were. 



CONSTITUTION OF THE UNITED STATES. 297 

32. Are factions more violent in small than in large 
communities? 

^^. How does a national government tend to dis- 
arm the violence of domestic factions in small states? 

34. What was the fourtJi object of the framers of 
the constitution? 

35. What is the best means of preserving peace? 

36. How does the Union insure a strong defense 
of the liberties of the people? 

37. Is it necessary for the United States to main- 
tain a large standing army? Why? 

38. What was the fifth object of the framers of 
the constitution? 

39. Why could not the general welfare of the 
people be promoted without a union of the states? 

40. Would the general welfare be affected by the 
jealousy, or competition, or local interests of neigh- 
boring states not joined under one government? 

41. What was the sixth object of the framers of 
the constitution? 

42. Could a nobler purpose have actuated the 
makers of our constitution than that of framing a 
charter for the perpetuity of our liberty? 



CHAPTER XIV. 

THE LEGISLATIVE DEPARTMENT. 
Article I — Legislative Department. 

Section I. All legislative powers herein granted 
shall be vested in a Congress of the United States, 
which shall consist of a Senate and House of Repre- 
sentatives. 

Sec. II. — Clause i. The House of Representa- 
tives shall be composed of members chosen every 
second year by the people of the several states, and 
the electors in each state shall have the qualifications 
requisite for electors of the most numerous branch of 
the state legislature. 

Clause 2. No person shall be a representative 
who shall not have attained to the age of twenty-five 
years, and been seven years a citizen of the United 
States, and who shall not, when elected, be an 
inhabitant of that state in which he shall be chosen. 

Clause 3. Representatives and direct taxes shall 
be apportioned among the several states which may 
be included within this Union, according to their 
respective numbers, which shall be determined by add- 
ing to the whole number of free persons, including 
those bound to service for a term of years, and 
excluding Indians not taxed, three-fifths of all other 

298 



CONSTITUTION OF THE UNITED STATES. 299 

persons. The actual enumeration shall be made within 
three years after the first meeting of the congress of 
the United States, and within every subsequent term 
of ten years, in such manner as they shall by law 
direct. The number of representatives shall not exceed 
one for every thirty thousand, but each state shall 
have at least one representative; and until such 
enumeration shall be made, the state of Nevv Hamp- 
shire shall be entitled to choose three; Massachusetts, 
eight; Rhode Island and Providence Plantations, one; 
Connecticut, five; New York, six; New Jersey, four; 
Pennsylvania, eight; Delaware, one; Maryland, six; 
Virginia, ten; North Carolina, five; South Carolina, 
five; and Georgia, three. 

Clause 4. When vacancies happen in the repre- 
sentation from any state, the executive authority 
thereof shall issue writs of election to fill such vacan- 
cies. 

Clause 5. The House of Representatives shall 
choose their speaker and other officers ; and shall have 
the sole power of impeachment. 

Sec. III. — Clause i. The senate of the United 
States shall be composed of two senators from each 
state, chosen by the legislature thereof, for six years; 
and each senator shall have one vote. 

Clause 2. Immediately after they shall be assem- 
bled in consequence of the first election, they shah 
be divided as equally as may be Into three classes. 
The seats of the senators of the first class shall be 
vacated at the expiration of the second year; of the 



300 HISTORY AND GOVERNMENT OF WASHINGTON. 

second class, at the expiration of the fourth year; and 
of the third class, at the expiration of the sixth year, 
so that one-third may be chosen every second year; 
and if vacancies happen by resignation, or otherwise, 
during the recess of the legislature of any state, the 
executive thereof may make temporary appointments 
until the next meeting of the legislature, which shall 
then fill such vacancies. 

Clause 3. No person shall be a senator who shall 
not have attained to the age of thirty years, and been 
nine years a citizen of the United States, and who 
shall not, when elected, be an inhabitant of that State 
for which he shall be chosen. 

Clause 4. The vice-president of the United States 
shall be president of the Senate, but shall have no 
vote, unless they be equally divided. 

Clause 5. The senate shall choose their other 
officers, and also a president pro tempore, in the ab- 
sence of the vice-president, or when he shall exercise 
the office of president of the United States. 

Clause 6. The senate shall have the sole power 
to try all impeachments. When sitting for that pur- 
pose, they shall be on oath or affirmation. When the 
president of the United States is tried, the chief justice 
shall preside ; and no person shall be convicted without 
the concurrence of two-thirds of the members present. 

Clause 7. Judgment, in cases of impeachment, 
shall not extend further than to removal from office, 
and disqualification to hold and enjoy any office of 
honor, trust, or profit under the United States ; but 
the party convicted shall, nevertheless, be liable and 



CONSTITUTION OF THE UNITED STATES. 3OI 

subject to indictment, trial, judgment, and punishment, 
according to law. 

Sec. IV. — Clause i. The times, places and manner 
of holding elections for senators and representatives, 
shall be prescribed in each state by the legislature 
thereof; but the congress may, at any time, by law, 
make or alter such regulations, except as to the places 
of choosing senators. 

Clause 2. The congress shall assemble at least 
once in every year, and such meeting shall be on the 
first Monday in December, unless they shall by law 
appoint a different day. 

Section V. — Clause i. Each house shall be the 
judge of the elections, returns, and qualifications of its 
own members ; and a majority of each shall constitute 
a quorum to do business; but a smaller number may 
adjourn from day to day, and may be authorized to 
compel the attendance of absent members, in such 
manner and under such penalties as each house may 
provide. 

Clause 2. Each house may determine the rules of 
its proceedings, punish its members for disorderly be- 
havior, and, with the concurrence of two-thirds, expel 
a member. 

Clause 3. Each house shall keep a journal of its 
proceedings, and from time to time publish the same, 
excepting such parts as may in their judgment require 
secrecy ; and the yeas and nays of the members of 
either house, on any question, shall, at the desire of 
one-fifth of those present, be entered on the journal. 



302 HISTORY AND GOVERNMENT OF WASHINGTON. 

Clause 4. Neither house, during the session of 
congress, shall, without the consent of the other, ad- 
journ for more than three days, nor to any other place 
than that in which the two houses shall be sitting. 

Section VI. — Clause i. The senators and repre- 
sentatives shall receive a compensation for their services, 
to be ascertained by law, and paid out of the treasury 
of the United States. They shall in all cases, except 
treason, felony, and breach of the peace, be privileged 
from arrest during their attendance at the session of 
their respective houses, and in going to and returning 
from the same; and, for any speech or debate in either 
house, they shall not be questioned in any other place. 

Clause 2. No senator or representative shall, dur- 
ing the time for which he was elected, be appointed to 
any civil office under the authority of the United States 
which shall have been created, or the emoluments 
whereof shall have been increased, during such time; 
and no person holding any of^ce under the United States 
shall be a member of either house during his contin- 
uance in ofBce. 

Section VII. — Clause i. All bills for raising 
revenue shall originate in the house of representa- 
tives ; but the senate may propose or concur with 
amendments, as on other bills. 

Clause 2. Every bill which shall have passed the 
house of representatives and the senate, shall, before 
it become a law, be presented to the president of the 
United States; if he approve, he shall sign it, but 
if not, he shall return it, with his objections, to that 



CONSTITUTION OF THE UNITED STATES. 303 

house in which it shall have originated, who shall 
enter the objections at large on their journal, and pro- 
ceed to reconsider it. If after such reconsideration, 
two-thirds of that house shall agree to pass the bill, 
it shall be sent, together with the objections, to the 
other house, by which it shall likewise be reconsidered, 
and if approved by two-thirds of that house, it shall 
become a law. But in all such cases the votes of 
both houses shall be determined by yeas and nays, 
and the names of the persons voting for and against 
the bill shall be entered on the journal of each house 
respectively. If any bill shall not be returned by the 
President within ten days (Sunday excepted) after it 
shall have been presented to him, the same shall be 
a law, in like manner as if he had signed it, unless 
the congress by their adjournment prevent its return, 
in which case it shall not be a law. 

Clause 3. Every order, resolution, or vote to 
which the concurrence of the senate and house of 
Representatives may be necessary (except on a ques- 
tion of adjournment) shall be presented to the Presi- 
dent of the United States ; and before the same shall 
take effect, shall be approved by him, or being dis- 
approved by him, shall be repassed by two-thirds of 
the Senate and house of representatives, according 
to the rules and limitations prescribed in the case of 
a bill. 

Section VIII. — Clause i. The congress shall 
have power to lay and collect taxes, duties, imposts, 
and excises, to pay the debts and provide for the 



304 HISTORY AND GOVERNMENT OF WASHINGTON. 

common defence and general welfare of the United 
States; but all duties, imposts, and excises shall be 
uniform throughout the United States ; 

Clause 2. To borrow money on the credit of the 
United States; 

Clause 3. To regulate commence with foreign 
nations, and among the several states, and with the 
Indian tribes ; 

Clause 4. To establish an uniform rule of naturali- 
zation, and uniform laws on the subject of bankruptcies 
throughout the United States ; 

Clause 5. To coin money, regulate the value there- 
of, and of foreign coin, and fix the standard of weights 
and measures ; 

Clause 6. To provide for the punishment of coun- 
terfeiting the securities and current coin of the United 
States ; 

Clause 7. To establish post-ofhces and post-roads; 

Clause 8. To promote the progress of science 
and useful arts, by securing, for limited times, to 
authors and inventors the exclusive right to their res- 
pective writings and discoveries ; 

Clause 9. To constitute tribunals inferior to the 
Supreme Court ; 

Clause 10. To define and punish piracies and 
felonies committed on the high seas, and offences 
against the law of nations ; 

Clause ii. To declare war, grant letters of marque 
and reprisal, and make rules concerning captures on 
land and water ; 



CONSTITUTION OF THE UNITED STATES. 305 

Clause 12 To raise and support armies; but no 
appropriation of money to that use shall be for a 
longer term than two years ; 

Clause 13. To provide and maintain a navy; 

Clause 14. To make rules for the government 
and regulation of the land and naval forces ; 

Clause 15. To provide for calling forth the militia 
to execute the laws of the Union, suppress insurrec- 
tions and repel invasions ; 

Clause 16. To provide for organizing, arming, 
and disciplining the militia, and for governing such 
part of them as may be employed in the service of 
the United States, reserving to the states respectively 
the appointment of the officers, and the authority of 
training the militia according to the discipline pre- 
scribed by congress ; 

Clause 17. To exercise exclusive legislation in all 
cases whatsoever over such district (not exceeding ten 
miles square) as may, by cession of particular states, 
and the acceptance of congress, become the seat of 
the government of the United States, and to exercise 
like authority over all places purchased by the consent 
of the legislature of the state in which the same shall 
be, for the erection of forts, magazines, arsenals, dock- 
yards, and other needful buildings; — And 

Clause 18. To make all laws which shall be nec- 
essary and proper for carrying into execution the fore- 
going powers, and all other powers vested by this 
constitution in the government of the United States, 
or in any department or officer thereof. 



306 HISTORY AND GOVERNMENT OF WASHINGTON. 

Section IX. — Clause i. The migration or impor- 
tation of such persons as any of the states now existing 
shall think proper to admit, shall not be prohibited by 
the congress prior to the year one thousand eight hun- 
dred and eight, but a tax or duty may be imposed on 
such importation, not exceeding ten dollars for each 
person. 

Clause 2 The privilege of the writ of habeas cor- 
pus shall not be suspended, unless when in cases of 
rebellion or invasion the public safety may require it. 

Clause 3. No bill of attainder or ex post facto \di\v 
shall be passed. 

Clause 4. No capitation or other direct tax shall 
be laid, unless in proportion to the census or enumer- 
ation hereinbefore directed to be taken. 

Clause 5. No tax or duty shall be laid on articles 
exported from any state. 

Clause 6. No preference shall be given by any 
regulation of commerce or revenue to the ports of one 
state over those of another; nor shall vessels bound to, 
or from, one state be obliged to enter, clear, or pay 
duties in another. 

Clause 7. No money shall be drawn from the 
treasury, but in consequence of appropriations made by 
law; and a regular statement and account of the re- 
ceipts and expenditures of all public money shall be 
published from time to time. 

Clause 8. No title of nobility shall be granted by 
the United States ; and no person holding any office 
of profit or trust under them shall, without the consent 



CONSTITUTION OF THE UNITED STATES. 307 

of the congress, accept of any present, emolument, 
office, or title, of any kind whatever, from any king, 
prince, or foreign state. 

Section X. — Clause i. No state shall enter into 
any treaty, alliance or confederation; grant letters of 
marque and reprisal; coin money; emit bills of credit; 
make anything but gold and silver coin a tender in 
payment of debts ; pass any bill of attainder, ex post 
facto law, or law impairing the obligation of contracts, 
or grant any title of nobility. 

Clause 2. No state shall, without the consent of 
the congress, lay any imposts or duties on imports or 
exports, except what may be absolutely necessary for 
executing its inspection laws ; and the net produce of 
all duties and imposts laid by any state on imports or 
exports, shall be for the use of the treasury of the 
United States ; and all such laws shall be subject to 
the revision and control of the congress. 

Clause 3. No state shall, without the consent of 
congress, lay any duty of tonnage, keep troops or ships 
of war in time of peace, enter into any agreement or 
compact with another state, or with a foreign power, 
or engage in war, unless actually invaded, or in such 
imminent danger as will not admit of delay. 

SUGGESTIVE QUESTIONS AND NOTES. 

Artice I. — Section i. 

I , Why should congress consist of two distinct 
bodies? 



308 HISTORY AND GOVERNMENT OF WASHINGTON. 

2. How does it place a check on undue, hasty and 
oppressive legislation? 

3. Is there a]wa}'s a tendency of public bodies to 
accumulate power, patronage and influence in their 
own hands? 

4. Might a few popular leaders, by their combina- 
tions and intrigues, in a single body, carry their own 
personal, private, or party objects into effect, uncon- 
nected with the public good? 

5. Is it a public advantage to secure a deliberate 
review of the same measures, by independent minds, 
in different branches of the legislative department of 
government, organized upon a different system of 
election? 

6. How is great security to public liberty afforded 
by the co-operation of different legislative bodies which 
do not embrace the same sectional or local interests 
or influences in their organizations? 

Section II. — Clause i. 

7. Why should the representatives be chosen by 
the people? 

8. Give reasons why the term of office of a repre- 
sentative should be two years. 

9. Who are entitled to vote for representatives at 
the biennial elections? 

Clause 2. 

10. What was the object of requiring representa- 
tives to be at least twenty-five years old? 

11. Is a young man apt to be cautious and care- 
ful in considering public affairs? 



CONSTITUTION OF THE UNITED STATES. 309 

12. Why should not aliens be made representa- 
tives? 

13. Can a naturalized citizen acquire a reasonable 
familiarity with the principles of our institutions and 
with the interests of the people in seven years? 

14. Why should a representative be an inhabitant 
of the state which he represents? 

Clause 3. 

Note. — This clause of the constitution was designed 
as a compromise measure between the free and the 
slave states, and since the emancipation of slaves is, 
in part, obsolete. Direct taxes are seldom levied by 
the general government. 

15. Why should each state have at least one repre- 
sentative? 

16. This clause is one of the few weak parts of 
the constitution. Why? 

Clause 4. 

17. Why should the filling of vacancies in the 
representation be given to the executive of a state? 

18. How must he execute this function of his 
office? 

Clause 5. 

19. Why should the representatives choose their 
own presiding officer? 

20. Why was the sole power of impeachment placed 
in the hands of the representatives ? 

21. What is impeachment? 



310 HISTORY AND GOVERNMENT OF WASHINGTON. 

Section III. — Clause i. 

22. Is a senate necessary? 

23. Give seven reasons for your answer to the 22d 
question. 

24. What was the object of the framers of the 
constitution in giving two senators to each state with- 
out regard to population? 

25. Is the provision of the constitution for choos- 
ing senators a wise one? Why? 

26. Why was the term of a senator made six 
years ? 

Clause 2. 

27. Why are senators divided into three classes? 

28. Why does the constitution make a different 
provision for filling vacancies in the senate from that 
in the house? 

Clause 3. 

29. Why was the minimum age of a senator made 
thirty years? 

30. Why should a senator be nine }'ears a citizen 
of the United States? 

31. Why should he be an inhabitant of the state 
for which he is chosen? 

Clause 4. 

32. Why was the vice-president made the presid- 
ing officer of the senate? 

33. Why should he not have a vote, unless they 
be equally divided? Why then? 



constitution of the united states. 31i 

Clause 5. 

34. Why should the senators choose their own officers ? 

Clause 6. 

35. Why should the senate be given the sole power 
to try impeachments? 

36. Is there any conflict between this clause and 
clause 5 of section II, of this article? 

37. What are the great objects to be attained in 
the selection of a tribunal for the trial of impeach- 
ments ? 

Note. — Such a tribunal should be impartial, intel- 
ligent, independent, and of the highest degree of 
integrity. 

38. Does the tribunal selected by the constitution 
possess these qualities? 

39. Why should the senators while sitting as a 
court of impeachment be under oath or affirmation? 

40. Why is the chief justice made the presiding 
officer of this tribunal when the president of the 
United States is tried and not for other officers? 

41. What is the reason for requiring a two-third 
vote instead of a majority to convict of impeachment? 

Clause 7. 

42. Why is the punishment for impeachment re- 
stricted to removal from and disqualification for office? 

43. Why should an officer convicted on a charge 
of impeachment be still subject to trial by process of 
law for the same offense? 

Section IV. — Clause i. 

44. Why should the time, place and manner of 



312 HISTORY AND GOVERNMENT OF WASHINGTON. 

electing representatives and senators be left -to the 
legislatures of the several states? 

Note. — "The maxim of sound political wisdom is, 
that every government ought to contain in itself the 
means of its own preservation." 

45. Why should congress be given the power stated 
in the last part of this clause? 

Clause 2. 

46. Why should congress assemble every year? 

Section V. — Clause i. 

47. Could the power to judge of the elections, 
returns, and qualifications of the members of each 
branch of congress be safely intrusted to any other 
body than that in which they claim a seat? 

48. Why should a deliberative body have a fixed 
quorum for the transaction of business ? 

49. Is the provision making a majority of the mem- 
bers of each branch of congress a quorum a wise one? 
Why? 

50. What is the object of the last provision of this 
clause? 

Clause 2. 

51. Could the legislative business of the nation be 
transacted without the provisions of this clause? Why? 

Clause 3. 

52. Why should the proceedings of congress be 
recorded and published? 

53. Should any of the proceedings of congress be 
kept secret? If so, under what circumstances? 



CONSTITUTION OF THE UNITED STATES. 313 

54. What is the object of recording the ayes and 
nays ? 

Clause 4. 

55. What is the object of this provision? 

Section VI. — Clause i. 

56. What is the present compensation of members 
of congress? 

57. Why should members of congress be free from 
arrest while going to, attending upon, and returning 
from the sessions? 

58. Why should perfect freedom of speech and 
debate be given members of congress? 

Clause 2. 

59. What is the object of the provisions of this 
clause? 

Section VII. — Clause i. 

60. What reason can be given for the provision 
that all bills for raising revenue shall originate in the 
house of representatives? 

Clause 2. 

61. Why should the president possess a qualified 
negative to legislation? 

62. What might result if the president did not pos- 
sess the veto power? 

63. In what three ways may a bill become a law? 

Clause 3. 

64. If it were not for the provision of this clause, 
how might congress effectuall}' defeat the president's 
negative? 



314 HISTORY AND GOVERNMENT OF WASHINGTON. 

65. Why is an exception made in regard to ad- 
journment? 

Section VIII. — Clause i. 

66. What is tlie true interpretation of this clause? 
Do the words, "Congress shall have power to lay 
and collect taxes, duties and excises," constitute a 
distinct clause and confer an independent power ; and 
the words, "to pa\' the debts and provide for the 
common defense and general welfare of the United 
States," constitute another distinct clause, or are these 
latter words a dependent clause, merely qualifying the 
former clause? 

6y. What was the reason for making all duties, 
irAposts, and excises uniform throughout the United 
States? 

Clause 2. 

68. Why should congress be given power to borrow 
money on the credit of the United States? 

Clause 3. 

69. What is meant by regulating commerce? 

Clause 4, 

70. Why should uniform rules of naturalization 
and uniform bankrupt laws prevail throughout the 
United States? 

71. What is naturalization? 

Clause 5. 

72. What might be the result if each state had the 
power to coin money? 

73. Why should there be a uniform system of 
weights and measures? 



CONSTITUTION OF THE UNITED STATES. 315 

74. The decimal s)'stem of dollars and cents was 
substituted for the old awkward English system of 
pounds, shillings and pence. Was this a beneficial 
reform? How might it be extended? 

75. Is the metric s\'Stem legal in the United States? 
Is it used? If so, by whom? 

Clause 6. 
j6. What would result if counterfeiting should go 
unpunished? 

Clause 7. 
'j'j . Why should the postal system be controlled by 
the general government, rather than by the several 
states? 

Note. — The postal system is one of the most use- 
ful establishments of our government. It circulates all 
kinds of useful information with speed and regularity. 
Clause 8. 

78. Why should the power to grant copyright to 
authors and patent right to inventors be invested in 
the general government? 

Clause 9. 

79. What is meant b)^ "inferior tribunal"? 

Clause 10. 

80. What is piracy? Felony? 

81. What is meant by "offense against the law of 
nations" ? 

82. What is the meaning of the phrase "high 
seas' ' ? 

Clause ii. 

83. Why should the power to declare war belong 
exclusively to the general government? 



3l6 HISTORY AND GOVERNMENT OF WASHINGTON. 

84. What are "letters of marque and reprisal"? 

Clause 12. 

85. How may the army at any time within two 
years be in effect dissolved by a majority of congress 
without the consent of the president? 

86 Is congress liable to do this? Why? 

Clause 13. 

87. Which is more important to the welfare and 
safety of the government, the army or the navy? 
Why? 

88. Was a nation ever deprived of its liberty by its 
navy? By its army? If so, when? 

Clause 14. 

89. Why should the government and regulation 
of the army and the navy be under the control of 
congress? 

Clause 15. 

90. How does the militia differ from the regular 
army ? 

91. Why should congress have power over the 
militia? 

92. Should the militia of one state be required to 
do duty in another state? Why? 

Clause 16. 

93. Who is the commander-in-chief of the militia? 

Clause 17. 

94. Why should the government of the District of 
Columbia be under the control of congress? 

95. Why should all forts, magazines, arsenals, etc., 
be under the authority of congress? 



constitution of the united states. 31/ 

Clause i8. 
Note. — This clause merely states a truism of gov- 
ernment; the power to do a thing necessarily carries 
with it the necessary means to properly execute it. 

Section IX. — Clause i. 

96. What was the object of this provision of the 
constitution? 

97. Was this clause general in its application? 

98. If the people of the United States were to 
frame a new constitution, would this clause find a 
place in it? Why? 

Clause 2. 

99. What is the writ of ''habeas corpus f 

Clause 3. 

100. What is a "bill of attainder?" An ''ex post 
facto lawf 

Clause 4. 
Note. — The subject of taxation is one of the most 
important functions of government, and one of the 
most difftcult to satisfactorily adjust. 
Clause 5 . 
loi. Why should not duty be laid on exports from 
the states? 

Clause 6. 
Note. — The difhculties in regard to inter-commerce 
among the states under the articles of confederation 
gave rise to this provision of the constitution. 
Clause 7. 
102. What is the object of this clause? 



3l8 HISTORY AND GOVERNMENT OF WASHINGTON. 

Clause 8. 

103. Why should not the United States grant titles 
of nobility? 

104. Why should not an officer of the United 
States receive favors from foreign sovereigns? 

Section X. — Clause i. 

105. Why should the states be prohibited from 
making treaties, alliances, confederations, etc.? 

106. Has it ever been attempted by any of the 
states? What was the result? 

107. Why should gold and silver coin be the only 
legal tender? 

Clause 2. 

108. What is the object of this clause? 

Clause 3. 

109. Under what circumstance can a state act 
independently of the general government? 



CHAPTER XV. 
THE EXECUTIVE DEPARTMENT. 

Article II. — Executive Department. 

Section I. — Clause i. The executive power shall 
be vested in a president of the United States of 
America. He shall hold his office during the term of 
four years, and, together with the vice-president, chosen 
for the same term, be elected, as follows: 

Clause 2. Each state shall appoint, in such man- 
ner as the legislature thereof may direct, a number of 
electors equal to the whole number of senators and 
representatives to which the state may be entitled in 
the congress ; but no senator or representative, or per- 
son holding an ofhce of trust or profit under the 
United States, shall be appointed an elector. 

Clause 3. The congress may determine the time 
of choosing the electors, and the day on which they 
shall give their votes ; which day shall be the same 
throughout the United States. 

Clause 4. No person except a natural-born citi- 
zen, or a citizen of the United States at the time of the 
adoption of this constitution, shall be eligible to the 
office of president; neither shall any person be eligible 
to that ofifice who shall not have attained to the age 
of thirty-five years, and been fourteen years resident 
within the United States. 

319 



320 HISTORY AND GOVERNMENT OF WASHINGTON. 

Clause 5. In case of the removal of the president 
from office, or of his death, resignation, or inabiHty to 
discharge the powers and duties of the said office, the 
same shall devolve on the vice-president, and the con- 
gress may by law provide for the case of removal, 
death, resignation, or inability, both of the president 
and vice-president, declaring what officer shall then act 
as president; and such officer shall act accordingly 
until the disability be removed, or a president shall be 
elected. 

Clause 6. The president shall, at stated times, 
receive for his services a compensation which shall 
neither be increased nor diminished during the period 
for which he shall have been elected, and he shall 
not receive within that period any other emolument 
from the United States, or any of them. 

Clause 7. Before he enter on the execution of 
his office, he shall take the following oath or affirma- 
tion: — "I do solemnly swear (or affirm) that I will 
faithfully execute the office of president of the United 
States, and will, to the best of my ability, preserve, 
protect, and defend the constitution of the United 
States." 

Section II. — Clause i. The president shall be 
commander-in-chief of the army and navy of the United 
States, and of the militia of the several states, when 
called into the actual service of the United States ; he 
may require the opinion, in writing, of the principal 
officer in each of the executive departments, upon 
any subject relating to the duties of their respective 



CONSTITUTION OF THE UNITED STATES. 32 I 

offices ; and he shall have power to grant reprieves 
and pardons for offences against the United States, 
except in cases of impeachment. 

Clause 2. He shall have power, by and with the 
advice and consent of the senate, to make treaties, 
provided two-thirds of the senators present concur; 
and he shall nominate, and by and with the advice 
and consent of the senate shall appoint ambassadors, 
other public ministers and consuls, judges of the 
supreme court, and all other officers of the United 
States, whose appointments are not herein otherwise 
provided for, and which shall be established by law; 
but the congress may by law vest the appointment 
of such inferior officers, as they think proper, in the 
president alone, in the courts of law, or in the heads 
of departments. 

Clause 3. The president shall have power to fill 
up all vacancies that may happen during the recess 
of the senate, by granting commissions which shall 
expire at the end of their next session. 

Section III. He shall from time to time give to 
the congress information of the state of the Union, 
and recommend to their consideration such measures 
as he shall judge necessary and expedient; he may, 
on extraordinary occasions, convene both houses, or 
either of them, and in case of disagreement between 
them with respect to the time of adjournment, he 
may adjourn them to such time as he shall think 
proper; he shall receive ambassadors and other public 
ministers ; he shall take care that the laws be faithfully 



322 HISTORY AND GOVERNMENT OF WASHINGTON. 

executed, and shall commission all the officers of the 
United States. 

Section IV. The president, vice-president, and all 
civil officers of the United States, shall be removed 
from office on impeachment for, and conviction of 
treason, bribery, or other high crimes and misdemean- 
ors. 



SUGGESTIVE QUESTIONS AND NOTES. 

Section I. — Clause i. 

1. Why should the executive function of our gov- 
ernment be vested in one person? 

2. Should the president be elected for a longer 
term than four years? Why? 

Clause 2. 

3. What is a presidential elector? 

Note — When the constitution was framed various 
methods of electing the president and vice-president 
were proposed. The following five methods may be 
mentioned: The choice to be made (i) by the national 
legislature, (2) by the state legislatures, (3) by the 
people at large, (4) by the people in districts, (5) by 
electors. The fifth method was adopted. 

4. Would any of the other methods than that 
adopted be better? Why? 

When the constitution was adopted it contained the 
following clause, which was repealed by the twelfth 
amendment : 



CONSTITUTION OF THE UNITED STATES. 323 

The electors shall meet in their respective states, 
and vote by ballot for two persons, of whom one, at 
least, shall not be an inhabitant of the same state with 
themselves. And they shall make a list of all the 
persons voted for, and of the number of votes for 
each, which list they shall sign and certify, and trans- 
mit sealed to the seat of the government of the United 
States, directed to the president of the senate. The 
president of the senate shall, in the presence of the 
senate and house of representatives, open all the cer- 
tificates, and the votes shall then be counted. The 
person having the greatest number of votes shall be 
the president, if such number be a majority of the 
whole number of electors appointed ; and if there be 
more than one who have such majority, and have an 
equal number of votes, then the house of representa- 
tives shall immediately choose by ballot one of them 
for president; and if no person have a majority, then 
from the five highest on the list the said house shall, 
in like manner, choose the president. But in choosing 
the president the votes shall be taken by states, the 
representation from each state having one vote; a 
quorum for this purpose shall consist of a member or 
members from two-thirds of the states ; and a majority 
of all the states shall be necessary to a choice. In 
every case, after the choice of the president, the per- 
son having the greatest number of votes of the electors 
shall be vice-president. But if there should remain 
two or more who have equal votes, the senate shall 
choose from them, by ballot, the vice-president. 

5. Was it a wise measure to repeal It? Why? 



324 HISTORY AND GOVERNMENT OF WASHINGTON. 

Clause 3. 

6. Why is the provision of this clause a wise one? 

7. What does a fixed time at which all the electoral 
votes shall be given have a tendency to do? 

Clause 4. 

8. Why should the president be a natural-born 
citizen ? 

9. Why should he be at least thirty-five years of 
age? 

10. Why should he have been fourteen years a 
resident of the United States when elected? 

Clause 5. 

11. Why is this clause of the constitution a wise 
measure? 

12. How many times in our history has the vice- 
president succeeded to the president's office? 

13. Has a president of the United States ever 
resigned? Been removed? 

14. What provision has congress made for the suc- 
cession to the presidency in case of the inability of 
both the president and vice-president? 

Clause 6. 

15. What is the salary of the president? 

16. Why should it not be increased nor diminished 
during the period for which he shall be elected? 

17. Why should not the president receive any other 
emolument from the United States than his salary? 

Clause 7. 

18. Why should the president be required to take 



CONSTITUTION OF THE UNITED STATES. 325 

an oath or affirmation before entering upon the duties 
of his office? 

Section II. — Clause i. 

19. Why should the president be commander-in 
chief of the army and navy? 

20. Why was the power of the president to require 
of heads of departments their opinion in writing made 
a matter of constitutional law? 

21. Why are cases of impeachment excluded from 
the president's power to grant reprieves and pardons? 

Clause 2. 

22. Why is the power to make treaties, etc., 
divided between the executive and the legislative de- 
partments of our government? 

23. Why is the power of appointment one of the 
most important and delicate in a republican govern- 
ment? 

24. Who has the power to remove officers? 

Clause 3. 

25. Why is the president given the power men- 
tioned in this clause? 

Section III. 

26. Why should the president give information to 
congress in regard to governmental affairs? 

27. Why should the president have power to con- 
vene congress? To adjourn congress? 

28. What is an ambassador? A public minister? 



326 HISTORY AND GOVERNMENT OF WASHINGTON. 

29. What means should the president use in tak- 
ing care that the laws are faithfully executed? 

30. Why is the commissioning of offtcers given 
exclusively to the president? 

Section IV. 

31. What is treason? Bribery? 

32. What is meant by "high crimes"? 

33. Has a president of the United States ever 
been impeached? 



CHAPTER XVI, 



THE JUDICIAL DEPARTMENT. 

Article III. — Judicial Department. 

Section I. The judicial power of the United States 
shall be vested in one supreme court, and in such 
inferior courts as the congress may from time to time 
ordain and establish. The judges, both of the supreme 
and inferior courts, shall hold their ofBces during good 
behavior; and shall, at stated times, receive for their 
services a compensation, which shall not be diminished 
during their continuance in office. 

Section II. — Clause i. The judicial power shall 
extend to all cases, in law and equity, arising under 
this constitution, the laws of the United States, and 
treaties made, or which shall be made, under their 
authority; to all cases affecting ambassadors, other 
public ministers, and consuls; to all cases of admiralty 
and maritime jurisdiction ; to controversies to which 
the United States shall be a party; to controversies 
between two or more states, between a state and 
citizens of another state, between citizens of different 
states, between citizens of the same state claiming 
lands under grants of different states, and between a 
state, or the citizens thereof, and foreign states, citi- 
zens, or subjects. 

327 



328 HISTORY AND GOVERNMENT OF WASHINGTON. 

Clause 2, In all cases affecting ambassadors, other 
public ministers and consuls, and those in which a 
state shall be a party, the supreme court shall have 
original jurisdiction. In all the other cases before 
mentioned, the supreme court shall have appellate 
jurisdiction both as to law and fact, with such excep- 
tions, and under such regulations, as the congress shall 
make. 

Clause 3. The trial of all crimes, except in cases 
of impeachment, shall be by jury; and such trial shall 
be held in the state where the said crimes shall have 
been committed ; but, when not committed within any 
state, the trial shall be at such place or places as the 
congress may by law have directed. 

Section III. — Clause i. Treason against the 
United States shall consist only in levying war against 
them, or in adhering to. their enemies, giving them 
aid and comfort. 

Clause 2. No person shall be convicted of treason 
unless on the testimony of two witnesses to the same 
overt act, or on confession in open court. 

Clause 3. The congress shall have power to de- 
clare the punishment of treason, but no attainder of 
treason shall work corruption of blood or forfeiture, 
except during the life of the person attainted. 

SUGGESTIVE QUESTIONS AND NOTES. 

Section I. 
I. Why should the judicial department of govern- 
ment be independent of all other departments? 



CONSTITUTION OF THE UNITED STATES. 329 

2. What are the functions of the supreme court? 

3. Why should the judges of the supreme court 
hold office during good behavior? 

Section II. — Clause i. 

4. What is meant by "all cases in law and equity"? 

5. What is meant by "admiralty and maritime ju- 
risdiction" ? 

Clause 2. 

6. W^hat is original jurisdiction? 

7. What is appellate jurisdiction? 

Clause 3. 

8. What is a trial by jury? 

9. Can a person be tried in a United States court 
for a crime "not committed within any state"? Ex- 
plain 

Section III. — Clause i. 

Note — This clause defines the crime of treason. 

Clause 2. 

10. Why should two witnesses be required to con- 
vict of treason? 

Clause 3. 

11. What is meant by "corruption of blood"? 



CHAPTER XVII 



GENERAL PROVISIONS, 



Section I. — Article 4. Full faith and credit 
shall be given in each state to the public acts, records 
and judicial proceedings of every other state. And 
the congress may by general laws prescribe the man- 
ner in which such acts, records and proceedings sh^U 
be proved, and the effect thereof. 

Sec. II. — Clause i. The citizens of each state 
shall be entitled to all privileges and immunities of 
citizens in the several states. 

Clause 2. A person charged in any state with 
treason, felony, or other crime, who shall flee from 
justice and be found in another state, shall, on demand 
of the executive authority of the state from which he 
fled, be delivered up to be removed to the state hav- 
ing jurisdiction of the crime. 

Clause 3. No person held to service or labor in 
one state under the laws thereof, escaping into another, 
shall in consequence of any law or regulation therein 
be discharged from such service or labor, but shall be 
delivered up on claim of the party to whom such 
service or labor may be due. 

Section III. — Clause i. New states may be ad- 
mitted by the congress into this Union ; but no new 
state shall be formed or erected within the jurisdiction 

330 



CONSTITUTION OF THE UNITED STATES. 33 I 

of any other state, nor any state be formed by the 
junction of two or more states, or parts of states 
without the consent of the legislatures of the states 
concerned as well as of the congress. 

Clause 2. The congress shall have power to dis- 
pose of and make all needful rules and regulations 
respecting the territory or other property belonging to 
the United States ; and nothing in this constitution 
shall be so construed as to prejudice any claims of 
the United States or of any particular state. 

Sec. IV, The United States shall guarantee to 
every state in this Union a republican form of govern- 
ment, and shall protect each of them against invasion, 
and on application of the legislature or of the execu- 
tive (when the legislature cannot be convened) against 
domestic violence. 



SUGGESTIVE QUESTIONS AND NOTES. 

Section I. 

1 . Explain the wisdom of this section of the con- 
stitution. 

Section II. — Clause i. 

2. Under our form of government would it do for 
citizens of one state to be regarded as aliens in an- 
other state? Why? 

Clause 2. 

3. Show the wisdom of making the provisions of 
this clause constitutional law. 



332 history and government of washington. 

Clause 3. 

4. What was the object of this clause of the con- 
stitution? 

Section III. — Clause i. 

5. Why should not the territory of a state be divid- 
ed in forming new states? 

Clause 2. 

6. Why should the territory and property of the 
United States be under the control of congress? 

Section IV. 

7. Would it be possible to govern a state of the 
Union by any other' than a republican form of govern- 
ment? Give reasons for your answer. 



CHAPTER XVIII. 

POWER OF AMENDMENT. MISCELLANEOUS 
PROVISIONS. 

Article V. — Power of Amendment. 

The congress, whenever two-thirds of both houses 
shall deem it necessary, shall propose amendments to 
this constitution, or, on the application of the legisla- 
tures of two-thirds of the several states, shall call a 
convention for proposing amendments, which, in either 
case, shall be valid to all intents and purposes, as 
part of this constitution, when ratified by the legisla- 
tures of three-fourths of the several states, or by con- 
ventions in three-fourths thereof, as the one or the 
other mode of ratification may be proposed by the 
congress ; provided that no amendment which may be 
made prior to the year one thousand eight hundred 
and eight shall in any manner affect the first and 
fourth clauses in the ninth section of the first article; 
and that no state, without its consent, shall be deprived 
of its equal suffrage in the senate. 

Article VI. — Miscellaneous Provisions. 
Clause i. All debts contracted, and engagements 
entered into, before the adoption of this constitution, 
shall "be as valid against the United States under this 
constitution, as under the confederation. 

333 



334 HISTORY AND GOVERNMENT OF WASHINGTON. 

Clause 2. This constitution, and the laws of the 
United States which shall be made in pursuance thereof ; 
and all treaties made, or which shall be made, under 
the authority of the United States, shall be the supreme 
law of the land; and the judges in every state shall 
be bound thereby, anything in the constitution or laws 
of any state to the contrary notwithstanding. 

Clause 3. The senators and representatives before 
mentioned, and the members of the several state legis- 
latures, and all executive and judicial officers, both of 
the United States and of the several states, shall be 
bound by oath or affirmation to support this constitu- 
tion ; but no religious test shall ever be required as a 
qualification to any office or public trust under the 
United States. 

Article VII. 

The ratification of the conventions of nine states 
shall be sufficient for the establishment of this consti- 
tution between the states so ratifying the same. 

Done ill convention by the luianinions consent of the 
states presentt^ the seventee?ith day of September, in the 
year of onr Lord one thousand seven hundred and 
eighty-seven, and of the indepeiidcnce of the United 
States of America the twelfth. In witness wJiereof we 
have hereunto subscribed onr names. 

George Washington, President, 

and Deputy from Virginia. 

New Hampshire — John Langdon, Nicholas Oilman. 
Massachusetts — Nathaniel Gorham, Rufus Kins:. 



CONSTITUTION OF THE UNITED STATES. 335 

Connecticut — William Samuel Johnson, Roger 
Sherman. 

New York — Alexander Hamilton. 

New Jersey — William Livingston, David Bearly, 
William Patterson, Jonathan Dayton. 

Pennsylvania — Benjamin Franklin, Thomas Mifflin, 
Robert Morris, George Clymer, Thomas Fitzsimons, 
Jared IngersoU, James Wilson, Gouverneur Morris. 

Delaware — George Read, Gunning Bedford, Jr., 
John Dickinson, Richard Bassett, Jacob Broom. 

Maryland — James McHenry, Daniel of St. Thomas 
Jenifer, Daniel Carroll. 

Virginia — John Blair, James Madison, Jr. 

North Carolina — William Blount, Richard Dobbs 
Spaight, Hugh Williamson. 

South Carolina — John Rutledge, Charles Cotes- 
worth Pinckney, Charles Pinckney, Pierce Butler. 

Georgia — William Few, Abraham Baldwin. 
Attest: William Jackson, Secretary. 

SUGGESTIVE QUESTIONS AND NOTES. 

Article V. 

1 . In what two ways may amendments to the con- 
stitution be proposed? 

2. In what two ways may amendments to the con- 
stitution be ratified? 

3. What restriction in this article has lost its force? 
Why? 



336 HISTORY AND GOVERNMENT OF WASHINGTON. 

Article VI. — Clause i. 

4. Why should the United States assume all debts 
and engagements entered into under the articles of 
confederation? 

Clause 2. 

Note — This clause declares that the constitution is 
the supreme law of the land. The convention which 
framed the constitution had been assembled by the 
several states to revise the articles of confederation 
because they did not contain this important feature. 
This clause is the germ of our constitution, and upon 
its provision rests the stability of our government. 

Clause 3. 

5. Why should all those intrusted with the execu- 
tion of the functions of the national and state govern- 
ments be bound by some solemn obligation to the due 
support of this constitution? 

6. What is the difference between an oath and an 
affirmation? 

7. Are each equally binding? 

8. What effect should the taking of an oath or an 
affirmation have upon the mind of a reflecting person? 

Note — The object of the latter part of this clause 
was to satisfy the minds of scrupulous persons who 
are repugnant to religious tests as a qualification for 
civil power or honor. But it has a more important 
aim. It is designed to sever all alliance between the 
church and state in the administration of our national 



1 



CONSTITUTION OF THE UNITED STATES. 337 

government. It is one of the wisest provisions of our 
constitution. 

9.. Why should not the church and the state be 
connected? 

10. Give some historical instances in which the 
personal liberties of the people of a state have been 
abused by religious bigotry, intolerance and persecution. 

Article VII. 

11. Give the dates of the ratification of the con- 
stitution by the several states. [See any good U. S. 
history.] 



SUPPLEMENT TO CHAPTER XVIII. 

AMENDMENTS TO THE CONSTITUTION. 

Article I. Congress shall make no law respecting 
an establishment of religion, or prohibiting the free 
exercise thereof; or abridging the freedom of speech 
or of the press ; or the right of the people peaceably 
to assemble, and to petition the government for a 
redress of grievances. 

Article II. A well-regulated militia being neces- 
sary to the security of a free state, the right of the 
people to keep and bear arms shall not be infringed. 

Article III. No soldier shall, in time of peace, 
be quartered in any house, without the consent of the 
owner, nor in time of war, but in a manner to be 
prescribed by law. 

Article IV. The right of the people to be secure 
in their persons, houses, papers, and effects, against 
unreasonable searches and seizures, shall not be vio- 
lated, and no warrants shall issue, but upon probable 
cause, supported by oath or af^rmation, and parti- 
cularly describing the place to be searched, and the 
persons or things to be seized. 

Article V. No person shall be held to answer 
for a capital or otherwise infamous crime, unless on a 
presentment or indictment of a grand jury, except in 

338 



CONSTITUTION OF THE UNITED STATES. 339 

cases arising in the land or naval forces, or in the 
militia, when in actual service in time of war and pub- 
lic danger ; nor shall any person be subject for the 
same offence to be twice put in jeopardy of life or 
limb ; nor shall be compelled in any criminal case to 
be a witness against himself, nor to be deprived of 
life, liberty, or property, without due process of law; 
nor shall private property be taken for public use, 
without just compensation. 

Article VI. In all criminal prosecutions, the ac- 
cused shall enjoy the right to a speedy and public 
trial, by an impartial jury of the state and district 
wherein the crime shall have been committed, which 
district shall have been previously ascertained by law, 
and to be informed of the nature and cause of the 
accusation ; to be confronted with the witnesses against 
him ; to have compulsory process for obtaining wit- 
nesses in his favor, and to have the assistance of coun- 
sel for his defence. 

Article VII. In suits at common law, where the 
value in controversy shall exceed twenty dollars, the 
right of trial by jury shall be preserved, and no fact 
tried by a jury shall be otherwise re-examined in any 
court of the United States than according to the rules 
of common law. 

Article VIII. Excessive bail shall not be required, 
nor excessive fines imposed, nor cruel and unusual 
punishments inflicted. 

Article IX. The enumeration in the constitution 



340 HISTORY AND GOVERNMENT OF WASHINGTON. 

of certain rights, shall not be construed to deny or 
disparage others retained by the people. 

Article X. The powers not delegated to the 
United States by the constitution, nor prohibited by 
it to the states, are reserved to the states respectively, 
or to the people. 

Article XI. The judicial power of the United 
States shall not be construed to extend to any suit 
in law or equity, commenced or prosecuted against 
one of the United States by citizens of another state, 
or by citizens or subjects of any foreign states. 

Article XII. The electors shall meet in their re- 
spective states and vote by ballot for president and 
vice-president, one of whom at least shall not be an 
inhabitant of the same state with themselves ; they 
shall name in their ballots the person voted for as 
president, and in distinct ballots the person voted for 
as vice-president ; and they shall make distinct lists of 
all persons voted for as president, and of all persons 
voted for as vice-president, and of the number of votes 
for each, which lists they shall sign and certify and 
transmit sealed to the seat of the government of the 
United States, directed to the president of the senate; 
the president of the senate shall, in the presence of 
the senate and house of representatives, open all the 
certificates, and the votes shall then be counted; the 
person having the greatest number of votes for presi- 
dent shall be the president, if such number be a majority 
of the whole number of electors appointed ; and if no 
person have such a majority, then from the persons 



CONSTITUTION OF THE UNITED STATES. 34 1 

having the highest numbers, not exceeding three on 
the Hst of those voted for as president, the house of 
representatives shall choose immediately by ballot the 
president. But in choosing the president the votes 
shall be taken by states, the representation from each 
state having one vote ; a quorum for this purpose shall 
consist of a member or members from two-thirds of 
the states, and a majority of all the states shall be 
necessary to a choice. And if the house of represen- 
tatives shall not choose a president whenever the right 
of choice shall devolve upon them before the fourth 
day of March next following, then the vice-president 
shall act as president as in the case of the death or 
other constitutional disability of the president. 

The person having the greatest number of votes as 
vice-president shall be the vice-president if such a 
number be a majority of the whole number of electors 
appointed ; and if no person have a majority, then 
from the two highest numbers on the list the senate 
shall choose the vice-president; a quorum for the pur- 
pose shall consist of two-thirds of the whole number 
of senators, and a majority of the whole number shall 
be necessary to a choice. 

But no person constitutionally ineligible to the ofhce 
of president shall be eligible to that of vice-president 
of the United States. 

Article XIII. — Section i. Neither slavery nor 
involuntary servitude, except as a punishment for crime, 
whereof the party shall have been duly convicted, 
shall exist within the United States or any place 
subject to their jurisdiction. 



342 HISTORY AND GOVERNMENT OF WASHINGTON. 

Sec. 2. Congress shall have power to enforce this 
article by appropriate legislation. 

Article XIV. — Section i. All persons born or 
naturalized in the United States, and subject to the 
jurisdiction thereof, are citizens of the United States 
and of the state wherein they reside. No state shall 
make or enforce any law which shall abridge the privi- 
leges or immunities of citizens of the United States ; 
nor shall any state deprive any person of life, liberty, 
or property, without due process of law, nor deny to 
any person within its jurisdiction the equal protection 
of the laws. 

Sec. 2. Representatives shall be apportioned among 
the several states according to their respective num- 
bers, counting the whole number of persons in each 
state excluding Indians not taxed. But when the right 
to vote at any election for the choice of electors for 
president and vice-president of the United States, 
representatives in congress, the executive or judicial 
officers of a state, or the members of the legislature 
thereof, is denied to any of the male inhabitants of 
such state, being twenty-one years of age and citizens 
of the United States, or in any way abridged, except 
for participation in rebellion or other crime, the basis 
of representation therein shall be reduced in the pro- 
portion which the number of such male citizens shall 
bear to the whole number of male citizens twenty-one 
}^ears of age in such state. 

Sec. 3. No person shall be a senator or represen- 
tative in congress, or elector of president or vice- 



CONSTITUTION OF THE UNITED STATES. 343 

president, or hold any office, civil or military, under 
the United States, or under any state, who having 
previously taken an oath as a member of congress or 
as an officer of the United States, or as a member 
of any state legislature, or as an executive or judicial 
officer of any state to support the constitution of the 
United States, shall have engaged in insurrection or 
rebellion against the same, or given aid or comfort to 
the enemies thereof. But congress may by a vote of 
two-thirds of each house remove such disability. 

Sec. 4. The validity of the public debt of the 
United States authorized by law, including debts in- 
curred for payment of pension and bounties for ser- 
vices in suppressing insurrection or rebellion shall 
not be questioned. But neither the United States nor 
any state shall assume or pay any debt or obligation 
incurred in aid of insurrection or rebellion against the 
United States, or any claim for the loss or emancipation 
of any slave; but all such debts, obligations and claims 
shall be held illegal and void. 

Sec. 5- Congress shall have power to enforce by 
appropriate legislation the provisions of this article. 

Article XV.— Section i. The rights of citizens 
of the United States to vote shall not be denied or 
abridged by the United States, or by any state on ac- 
count of race, color or previous condition of servitude. 

Sec. 2. Congress shall have power to enforce this 
article by appropriate legislation. 



344 HISTORY AND GOVERNMENT OF WASHINGTON. 

SUGGESTIVE QUESTIONS AND NOTES. 

Note — The first ten amendments to the constitution 
were proposed by congress September 25, 1789, were 
duly ratified, and went into force December 15, 1791. 

The eleventh amendment was proposed March 5, 
1794, and went into force January 8, 1798. 

The twelfth amendment was proposed December 
12, 1803, ^I'^d declared in force September 25, 1804. 

The thirteenth amendment was proposed January 
31, 1865, and declared in force December 18, 1865. 

The fourteenth amendment was proposed June 16, 
1866, and declared in force July 28, 1868. 

The fifteenth amendment was proposed February 
27, 1869, and became a part of the constitution March 
30, 1870. 

Article I. 

1. Why should there be no established religion 
under our government? 

2. Why should every person have the free exercise 
of his religious opinions? 

3. Why should the people enjoy the freedom of 
speech and press? 

4. Should the right of the people to peaceably 
assemble and petition the government for redress of 
grievances ever be denied? 

Article II. 

5. Why should a well-regulated militia be main- 
tained in every state? 



CONSTITUTION OF THE UNITED STATES. 345 

Article III. 

6. Has any government a right to quarter soldiers 
in the houses of private citizens? 

Note — The governments of Europe have practiced 
the custom of quartering soldiers in the homes of their 
people, and it had been done by Great Britain in the 
colonies before the revolution. The custom is tyran- 
nical, and this prohibition and those of the following 
article of our constitution are good ones which maintain 
the familiar maxim of liberty that every man's house 
is his castle. 

Article IV. 

Note — A well-known maxim is, "that an afifirmation 
of a power in particular cases implies a negative of it 
in all other cases, and that a negation of power in some 
cases implies an affirmation of it in all others not 
denied." This is a sound and safe maxim, but it has 
frequently been misunderstood. This article of the 
constitution is to protect the rights of the people from 
any misinterpretation of this maxim. 

Articles V., VI., VII. and VIII. belong to the 
judicial department of our government and need not 
be further considered here. Familiarize yourself with 
their provisions. 

Article IX. 

7. What was the object of this amendment? 

Article X. 

8. Why was this amendment needed? 



34^ HISTORY AND GOVERNMENT OF WASHINGTON. 

Article XI. 
9. Why was this amendment made? 

Article XII. 

Note — This amendment was made to better the plan 
for electing the president and vice-president. Its 
adoption repealed clause 3 of article II. of the original 
constitution. 

The chief differences between this and the original 
plan are : 

(i) By the original plan several candidates were 
voted for as president, and after the president was 
chosen the candidate having the greatest number of 
votes of the electors w^as to be vice-president; if two 
or more had equal votes, the senate were to choose 
the vice-president from them by ballot. By the present 
plan the president and vice-president are voted for 
separately. 

(2) By the original plan in case no choice of pres- 
ident was made by the electors, the choice was to be 
made by the house of representatives from the five 
highest on the list. The number is now reduced to 
tJiree. 

(3) By the original plan the vice-president need 
not have a majority of all the electoral votes but only 
a plurality. It is now necessary that he should have 
a majority of all the votes. 

(4) By the original plan the choice of vice- 
president could not be made until after the election 
of the president. It can now be made by the senate 



CONSTITUTION OF THE UNITED STATES. 34/ 

as soon as It is known that there is no choice by the 
electors. 

( 5 ) By the original plan no provision was made 
for the case of no choice of president by the house of 
representatives before the fourth of the following March. 
It is now provided that the vice-president act in such 
cases. 

10. Was the change of plan a good one? Why? 

Article XIII. 
Note — This amendment embodies the greatest 
achievement of our government. The greatest anomaly 
in the annals of history was a free government that 
permitted slavery. The framers of our constitution 
foresaw that it would only be a matter of time when 
slavery would be abolished, and they wisely inserted 
a clause in the constitution abolishing the obnoxious 
slave trade after i8o8. The abolition of slavery was 
a great reformation, and, like all beneficial reforma- 
tions in governmental affairs, came about slowly. Hasty 
reforms are rarely beneficial. Beware of the schemer 
who would overthrow our time-tested institutions by 
some chimerical vagary. 

11. Can an argument be produced to justify slavery? 

Article XIV. — Section i. 

12. Why should all persons be equal under the 
law? Are they equal otherwise? 

Section 2. 

13. What was the purpose of this provision? 



348 history and government of washington. 

Section 3. 

14. Under what conditions should a person who 
has engaged in insurrection or rebellion against the 
government be intrusted with public office? 

Section 4. 

15. Why should a public debt never be repudiated? 

16. Is the last part of this section just? Why? 

Section 5. 
Note — This section seems to be unnecessary. It 
ought to be granted without argument that congress 
has power to enforce the provisions of the constitu- 
tion by appropriate legislation. 

Article XVI. 
This amendment extends the right of suffrage. 

17. Should there be an additional extension of this 
right? If so, to whom? 



INDEX. 

A 

Page 

Admiralty Inlet, survey of 27 

Agricultural interests 104 

Agricultural College 177 

Alaska, trade "with 104 

Allen, John B., elected to congress 61 

Anian, strait of 7 

Anarchy 112 

Aristocracy Ill 

Astoria, founding of . . .■ 34 

Attendance, compulsory at school 127 

Attorney- General 171 

Authority, submission to 120 

B 

Ballots 173 

Bodega, voyage of 13 

Bonneville, expedition of 36 

Boundary — At 49th parallel 71 

Canal de Haro 72 

British claim Rosario Strait 73 

Commission appointed 73 

Commissioners, meeting of 73 

Question, settlement of 75 

Board of Education, state — Of whom composed 136 

Term of office 136 

Meetings 136 

Expense of 137 

Powers and duties 137 

Secretary of 137 

Board of Education, city, officers of 131 

Branches of study taught 126 

34Q 



350 INDEX. 

Pag:e. 

Brents, Thomas H., re-elected to congress 59 

British resume their claim 72 

Burnt River, battle of 90 

C 

Cascades, attack on 88 

Cabrillo, voyage of 8 

Certificates, common school — Grades of 135 

Requirements for 135 

Children, duties of 119 

Chinese riots 60 

City— Definition of 143 

Classification of 143 

Number and names 144 

Charter 144 

Pov/ers of 145 

Divisions of officers of elections 146 

Council 146 

Council, powers of 147 

President of ^ 148 

Laws 147 

Executive officers 147 

Assessor 148 

Collector and street commissioner 148 

Treasurer 148 

Clerk 148 

Chief of police 150 

Citizenship, duties of 121 

Civilization, basis of 118 

Closing events of the war 94 

Colnett, voyage of 16 

Columbia, ship — First voyage of 19 

Second voyage of 23 

Columbia River, discovery of 26 

Cole, George E. — Elected to congress 54 

Appointed governor 55 

Connell's Prairie — First battle of 84 

Second battle of 87 

Cook, Captain, voyage of 14 



INDEX. 351 

Page. 

Conventions— Of 1818 and 1824 69 

Of 1825 and 1827 70 

Constitutional convention .- 98 

Courts — Supreme, superior, jurisdiction of, judges of superior, 

clerk and reporter of supreme 172 

Police, justice 149 

County— Seat 152 

Officers 153 

Offices combined 154 

Officers, salaries of 154 

Auditor, clerk, treasurer 155 

Assessor, superintendent of schools, surveyor 156 

Commissioners, constables, coroner 157 

Division of the county 153 

Officers, election and term of office 154 

D 

Denny, A. A., elected to congress 55 

Democracy Ill 

Dixon, voyage of 16 

Drake, voyage of 9 

Duncan, voyage of 16 



Education, necessity of 124 

Emigrants crossing the plains 38 

Enabling act 98 

Evans, Elwood, appointed secretary 54 

Evergreen state 106 

Election officers, clerk, etc 173 

Electors in each precinct 175 



Family — Importance of, origin of 118 

Members of 119 

Influence of 120 

Ferry, Elisha P., appointed governor 58 

Ferrelo, voyage of 8 



352 INDEX. 

Page. 

Flanders, Alvan — Elected to congress 56 

Appointed governor 57 

Florida treaty 69 

First vessel built on the coast 19 

First settlement in Washington 34 

First settlement on Puget Sound 39 

First territorial officers 47 

First election in the territory 48 

First legislature, meeting of 48 

First state officers *r 98 

First representative to congress 99 

First United States senator 100 

Fish industry 105 

Fraser's Lake, establishment at 33 

Fraser's River, gold discovery on 51 

Four Lakes, battle of 93 

Fur trade in the northwest 14 

Q 

Galleons, the Spanish 9 

Garfielde, Salucius, elected to congress 57 

Gholson, Richard D., appointed governor 52 

Geographical names in Washington 28 

Gray, Captain, first exploration of 21 

Gray's Harbor, discovery of 25 

Grand Ronde, battle of 90 

Great Britain's claims to Oregon 66 

Green River, skirmish on 84 

Government — Origin of, necessity of, objects of 109 

Forms of 110 

Departments of 114 

Child's second system of 124 

Functions of city 145 

Governor 168 

H 

Haro Archipelago joined to Whatcom County 72 

Haller, Major, expedition of 82 



INDEX. 353 

Page, 

Heceta, voyage of ... .^. 13 

Holidays 126 

How laws are made 167 

How to vote 174 

Hospitals for the insane 177 

Hudson's Bay Company, supremacy of 35 



Idaho Territory constituted 54 

Ingraham, voyage in the Hope 23 

Immigration of 1843-'44-'45 39 

Important commercial events 103 

Industry, habits of 121 

Institute, teachers 136 

Indian — Raids on Puget Sound 84 

Commissioners to negotiate with 79 

Still hostile 91 



Jacobs, Orange, elected to congress 59 

Juan de Fuca, voyage of 10 

Justices of the peace ' 158 

K 

Kendrick, sails through strait of Fuca 22 



LaPerouse, voyage of 15 

Law — Definition, divine, international, constitutional 113 

Municipal, common, statute 114 

Makers 162 

League of the tribes ~- 92 

Legislature — Compensation of members of 167 

Election and term of office of members 166 

Powers and duties of each house 167 

Legislative districts 162 

Lewis and Clarke, expedition of 28 

Lieutenant-Governor 169 



354 INDEX. 

Page. 

Life-saving stations *" 106 

Lower Sound, defense of 84 

Lumber Industry 104 

M 

Mason, governor, proclamation of 81 

Manufacturing 106 

Mayor 147 

McMullen, Fayette, appointed governor 50 

McFadden, O. B., elected to congress 57 

Meares — Voyage of 17 

Nootka purchase, attempts to find the River St. Roque . 18 

Members of legislature 162 

Method of election 172 

Mining 105 

Missionaries, first in Washington 37 

Monarchy HI 

Moore, Marshall F., appointed governor 56 

Moore, Miles C, appointed governor 61 

N 

Names of the counties. 152 

New counties, formation of 152 

Newell, William A., appointed governor 59 

Nomination of candidates 173 

N. P. Railway, Columbia division built 58 

Northwest passage 8 

Nootka treaty 68 

Northern Indians, incursions of 88 

O 

Oak Point, attempt to make settlement at 33 

Observations on the discovery of the Columbia 26 

Olympia founded 41 

Other settlements on the Sound 40 

Other settlements in Washington 42 

Other state institutions 178 

Oregon, origin of the name 14 



INDEX. 355 

Page. 

Oregon and the fur companies 32 

Oregon, just occupancy of, society for settlement 35 

Original Oregon, extent of 65 

Oregon volunteers 78 

Origin of the war of 1856 80 



Parents, duties of 119 

Patriarchal government 110 

Period from 1603 to 1768 11 

Perez, Juan, voyage of 12 

Penitentiary 178 

Pickering, William, appointed governor 54 

Plan of the campaign 86 

Portlock, voyage of 16 

Port Gamble, battle of 88 

Police 149 

Polls, opening and closing 175 

Poll tax 176 

Provisional government, formation of 38 

Provisions of the act creating the territory 46 

Prosecuting attorney 150-156 

Precinct officers 154 

President of the senate 167 

Property subject to taxation 176 

Pupils, duties of 129 

Puget Sound Agricultural Co 37 

Q 

Qualifications — Of members of legislature 166 

Of electors : 173 

Quarterly examinations 135 

Quorum of legislature 166 



Rains, Major, expedition of 82 

Registration, form of 175 

Representatives to congress, elections of 101, 102 



356 INDEX. 

Page. 

Representative districts 164 

Reform school 178 

Revenue— Need of 175 

Sources of 176 

Road overseers 158 

Roman Catholic missions 37 

Russia's claims to Oregon 67 

S 

Salomon, Edward S., appointed governor 57 

Salmon River gold excitement 53 

Sand Hollow, battle of 78 

San Juan controversy settled 58 

San Juan Island, military occupation of 74 

Scott, General, result of mission 74 

School— Officers 124 

District boundaries, change of 125 

Common 125 

New districts, organization of 125 

Month, day 126 

Year; term, minimum length of : . . 127 

District clerks .' 129 

Directors ; pupils, duties of 129 

City or town district, principal of, superintendent of; 

study, graduation and course of 130 

Special city district, president of board, duties of; 

secretary of board, duties of 131 

State fund 132 

Available funds 133 

Special tax; county treasurer a school officer; county 

superintendent, election and term of office 133 

County superintendent, powers and duties 134 

Quarterly examinations 135 

Teachers' institute 136 

Superintendent of public instruction, election and 

term of office 137 

Powers and duties 138 

Superintendent of public instruction 171 

For defective youth, normal schools 177 



INDEX, 357 

Page. 

Second vessel built on the coast 24 

Shaw, Colonel, expedition of 89 

Sheriff 154 

Ship building 105 

Semple, Eugene, appointed governor 61 

Seattle settled 41 

Seattle, attack on 86 

Settlers, three classes of • 32 

Settlers in Washington in 1844 39 

Size of the Territory of Washington 45 

Slaughter, Lieutenant, death of 85 

Smith, E. L., appointed secretary 55 

Snake River, first establishment on 33 

Soldiers' Home 178 

Spanish occupy Nootka 21 

Spanish explore strait of Fuca 22 

Spain's right to Oregon 65 

Spokane Plains, battle of 94 

Squire, Watson C, appointed governor 69 

State capital, location of 99 

State, divisions of 115 

State government 162 

State — Institutions, classes of 176 

Educational 176 

Charitable, reformatory, penal, location of 177 

Officers, election of 100-102 

Officers, inauguration of. 100, 101, 102 

State officers 167 

Powers and duties of -. 168 

Salaries of 168 

Election and term of office 168 

Appointed 171 

State— Auditor 170 

Printer 171 

Secretary of 169 

Treasurer 170 

Commissioner of public lands 171 

Senatorial districts 163 

Sessions of the legislature 166 

Steptoe Butte, battle of 91 



3 38 INDEX. 

Page. 

Strait of Fuca, re-discovery of 17 

Stevens, Governor Isaac I., proclamations 47 

Stevens, Governor Isaac I. — Visits the national capital 49 

Elected to congress 50 

Re-elected to congress 52 

First treaty with the Indians 79 

Return from the Blackfoot coun- 
try 85 

Second council at Walla Walla 90 

Attacked by Indians 91 

Size of the state 106 



Teacher — Functions of 127 

Legally qualified, duties of 128 

Theocracy : 110 

Transition from territory to state 97 

Transportation companies, organization of 56 

Treaty of 1846 70 

Tribal form of government 110 

Touchet, battle of : 79 



U 

United States, claims to Oregon 67 

Unit of the school system 125 

United States senator — Balloting for 101 

Election of 103 

University of Washington 177 



Vancouver — Voyage of 24 

Meets Gray 25 

Viscaino, Sebastian, voyage of 11 

Vice-President of school board 131 

Voyages, early 7 

Voorhees, Charles S., re-elected to Conerress 61 



INDEX. 3 59 

w 

Page. 

Washington — Territory created 45 

Ship, voyage of 19 

State admitted into Union 98 

Government of 115 

Volunteers, organization of 58 

And Oregon Volunteers, organization of 81 

Population of 103 

Wallace, W. H., appointed Governor 53 

Walla Walla-Founded 51 

Expedition to 83 

Wagon road over the Cascade 49 

Who are admitted to school 125 

Whitman — Massacre 77 

Dr. Marcus, character of 78 

Wright, Colonel — Expedition into Yakima Valley 89 

Expedition to Spokane 93 

Wyeth's expedition 36 




Index to the State Constitution, 



A 

Page. 

Amendments — To state constitution 247 

Convention to amend, how called 248 

Either house may make 194 

Appeal, right of 188 

Appropriations 222 

Appropriation, authorized to pay deficiency for expenses of 

constitutional convention 260 

Arms 226 

Attorney-General 205 

B 

Ballot, all elections by 218 

Banks, insolvent, shall not receive deposits 234 

Bail 188 

Bill, to consist of one subject 194 

Bills, introduction of limited, amendments to 199 

Board of health, state 244 

Boundaries of the state 249 



Capitol building 240 

Census, state 190 

Chief justice, vacancy, how filled 207 

Cities— Charters for 230 

Amendments of, privileges of 231 

Common carriers — Rights, duties, certain combinations of for- 
bidden,, discrimination in rates forbid- 
den 235 

Shall not consolidate 236 

361 



362 INDEX. 

Page. 

Common carriers — Rolling stock considered personal proper- 
ty, regulation of fares and freights ... 236 

Convicts, labor of 197 

Constitution, state — Mandatory 189 

Voters must ratify 249 

In effect, when 258 

Separate articles submitted, female suf- 
frage, prohibition, form of ballot 259 

Corruption of blood prohibited 187 

Corrupt solicitation 197 

Corporations — Shall not be aided by counties and municipali- 
ties 223 

Not created by special laws; charters when not 
valid, legislature shall not extend fran- 
chise 232 

Liabilities of stockholders, construed to in- 
clude what, stock, fictitious issue void, or- 
ganized outside of state 233 

Leasing or alienation of franchise, state shall 
not loan its credit to, eminent domain, state 
may exercise right of, shall issue none but 
lawful U. S. money, liabilities of stock- 
holders 234 

Credit of state shall not be pledged to aid 222 

County — Organization recognized; new organization of; seats, 

removal of; change of boundaries 227 

Government, system of; officers, compensation of. .228 
Officers, vacancies, ineligibility of, salaries of, all 

counties liable for State taxes 229 

Courts — Supreme, consist of whom; supreme judges, election 

of, tenure of office; inferior courts 206 

Supreme, jurisdiction of; powers of judges; superior. 208 

Superior, sessions of 209 

Superior, jurisdiction of 210 

Superior, powers of 211 

Inferior, jurisdiction of 212 

Of record 212 

Supreme; reporter for, publications of opinions, 

clerk of 214 

Supreme clerk, salary of 21g 



INDEX. 363 

Page. 

Courts — Superior, clerk of; commissioners, powers of 215 

Rules of 215 

Transfer of cases 254 

Transfer of cases in probate court 256 

Seals 256 

D 

Debts — Of territory assumed 252 

Fines, etc., inure to state 253 

Defense in court, right of 188 

Divorce, legislature shall not grant , 195 

E 

Education of children 223 

Elections — Must be free and equal 188 

Of executive officers, returns, certificate of election 200 

Contested 201 

First, contest of 257 

To adopt constitution, how conducted 258 

Electors — Qualifications of; in school elections; certain per- 
sons not 217 

Eligibility to state office . . 205 

Excessive bail prohibited 187 

Executive department, of whom consists 200 

Existing rights of territory to continue 252 

Ex-post facto laws prohibited 189 

F 

Free speech guaranteed 185 

Free passes prohibited , 237 

Fundamental principle 190 

Q 

Governor— Tenure of office and of other State officers .200 

Duties of ; message; may convene the legislature 

in extra session 

Commander-in-chief; pardoning power 201 



364 INDEX. 

Page, 

Governor — May remit fines; duties in regard to enactment of 

laws, vetoes 202 

May veto one or more items or sections, fill vacan- 
cies by appointment; salary of; shall issue 
all commissions 203 

Government lands, U. S., have jurisdiction over, exceptions. .250 

H 

Habeas corpus, writ of 187 

Harbor line commission 240 

Hereditary privileges , 189 

Homestead 244 

I 

Immunity from self-conviction 186 

Impeachment, proceedings of; for what offense ... 216 

Imprisonment for debt prohibited 188 

Indebtedness — State; limited; exceptions to limitations; 

special provisions for; incurring 221 

In cities and towns and school districts, 

limits of .'. 222 

Institutions— State, educational, reformatory and penal 238 

Irrevocable privileges 186 



Judges, Superior — Tenure of office 209 

Powers of, may hold court in any county 

by request, pro tempore 211 

Leave of absence 211 

Salary of, how paid, amount per annum, 

ineligibility to any other office 213 

Charge to jury, eligibility of, shall not 

practice law 214 

Decisions of cases, limit of time 214 

To report to supreme judges 215 

Oaths of office 216 

Judicial Officers— Removed by legislature ... .211 

Proceedings 212 



INDEX. 365 

Page. 

Judicial officers — Compensation of 213 

Jury— Right of trial by 189 

Grand 189 

Justice, how administered 186 

Justices of the peace 212 



Lands, ownership by aliens — 198 

Land commissioner, duties of. 205 

Laws— Style of 194 

Private forbidden in certain cases 195 

Take effect, when 198 

Relating to mines and factories, amending 199 

Of Territory of Washington valid 253 

Legislature — Vested in whom, limited membership — 190 

Election returns, quorum, rules, officers, journal 

of each house, adjournment 192 

Meetings, limit of session, ineligibility of mem- 
bers to certain offices 198 

Vacancies, immunities from arrest, free speech 

of members 194 

Yeas and nays, entered on journal in passage of 

bill 194 

Compensation of members, extra compensation 

forbidden 195 

Member shall not vote in certain cases 197 

Lieutenant-Governor, duties of, salary 204 

Lottery, legislature shall not authorize 195 

M 

Method of voting in the legislature 19 

Medicine, practice of 244 

Military— Subordinate to civil authorities 188 

Duty, who are liable to 225 

Duty, exemption from, organization of, immunities 

from arrest. , 226 

Municipal corporations — Rights of 241 

Not created by special acts 229 



366 INDEX. 

o 

Page. 

Oaths, how administered 185 

Offices— To be kept at the capital 205 

May be abolished 206 

Officers — Removal from office 217 

First election of, subsequent elections of 218 

State, first election of 254 

Election of not otherwise provided 257 

District, county and pracinct to hold office until 1891 . 258 

Territorial list of 272 

State, list of 277 

P 

Passes forbidden 199 

Penal actions 254 

Political power 185 

Presiding officer to sign bill 198 

Private affairs sacred 186 

Processes, style of 215 

Private property — The taking of 187 

Not taken for debt of corporation 231 

Prosecution by information 189 

Public lands— Shall not be sold for less than market value. . .241 
For educational purposes, school, how sold .... 242 
School subdivision of, school investment of 

funds 243 

Unappropriated, right to disclaimed 251 

Public money, unlawful use of, all to be deposited with the 

state treasurer 232 

Public officers 254 

Public school system guaranteed 252 

R 

Railroads shall not discriminate against express companies .237 

Receipts and expenditures, statement of 220 

Recognizances taken under territorial government valid under 

State government 253 

Registration laws 218 



INDEX. 367 

Page. 

Religious liberty 186 

Religious toleration guaranteed 251 

Representative — Districts, first apportionment 246 

In congress 257 

State, first election of, second and subse- 
quent elections 191 

Residence, not gained or lost by military service 217 

Revenue, deficiencies in provided for 220 

Right of trial 185 

Rights not denied 189 

Right 1 3 bear arms 189 



Seat of government— Permanent location of 239 

Temporary seat, how changed 240 

Seal, State, design of 244 

Secretary of State, duties, salary, shall keep seal 204 

Senators, State — Election of 19 1 

Eligibility of members 192 

Senatorial districts, first apportionment 245 

Schools— Public, uniform system of, common, fund, derived 

from what source 224 

Legislature may provide for increase of funds, non- 
sectarian, losses to permanent school fund 225 

Soldiers' home 226 

Special privileges not granted 186 

Statistics, bureau of 199 

State auditor, duties of, salary 204 

Standing army 189 

Supreme law 185 

Superintendent of public instruction, duties of, salary 205 

Suit against the State 195 



Taxation — All property according to value, annual levies, 

uniform and equal rates, exemptions. 219 

No tax except in pursuance of law, all taxes paid 
in money; corporation property, assessment of 220 



36S INDEX. 

Pa^e. 

Taxation — Local, governed by general laws 231 

Taxes, special, rights of cities and towns to levy. . ■ 220 

Telegraph and telephone companies 237 

Tide lands, claim of State 243 

Treason, defined 189 

Trusts and monopolies forbidden 238 

V 
Voters, immunities from arrest ■ 218 

W 

Water rights 244 

Wharfs, landings, docks, areas reserved for leasing sites for. .241 




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